What is NAW v. Feldon?
The National Association of Wholesaler-Distributors filed the federal action in July 2025 challenging Oregon’s Plastic Pollution and Recycling Modernization Act. The case is pending in the U.S. District Court for the District of Oregon before Judge Michael H. Simon. The court’s public calendar confirms the merits bench trial ran July 13–17, 2026.
What did the preliminary injunction do?
On February 6, 2026, the court entered preliminary injunctive relief preventing enforcement of the RMA against NAW and the members covered by the court’s order while the merits case proceeded. The injunction is limited; it is not a declaration that Oregon’s law is invalid for every producer.
Do not read “injunction” as “Oregon EPR is suspended statewide.” The scope of relief matters. A producer that is not covered by an applicable court order should not assume the litigation eliminates its registration, reporting, fee or other obligations.
What constitutional issues are being tried?
After earlier motion practice, the merits trial focused on NAW’s surviving constitutional theories under the Dormant Commerce Clause and the Fourteenth Amendment’s Due Process Clause. NAW argues the Oregon structure unlawfully burdens interstate commerce and delegates consequential compliance functions through a system that denies adequate procedural protections. Oregon disputes those claims and defends the structure and operation of the RMA.
When is the Oregon EPR ruling expected?
Following the July trial, the parties filed post-trial briefing. Oregon Capital Chronicle reported from the courtroom that Judge Simon said he expected to determine the case by the end of August 2026. That timing is a reported statement from the proceeding—not a statutory deadline for the court.
Could the ruling affect other state EPR programs?
The case is closely watched because several states now use producer-funded packaging EPR structures. A ruling addressing Dormant Commerce Clause, due process, mandatory PRO participation, fee-setting or private-administration questions could be cited in other litigation. But a district-court decision in Oregon would not automatically invalidate another state’s statute; the text, regulatory structure, parties, relief and appellate posture all matter.
A second Oregon case is also pending
Lollicup USA, Inc. v. Feldon, No. 3:26-cv-01287, was filed June 25, 2026 in the same federal district. It is a putative class action raising constitutional challenges to Oregon’s EPR structure on behalf of producers outside the NAW case. It should be tracked separately because its plaintiff class and requested relief are not identical to NAW’s.
What should producers do while the case is pending?
Primary and case-status sources
Related EPR resources
When the ruling lands, the scope matters more than the headline.
EPRScope keeps court developments separate from current producer status, evidence and open compliance actions.
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