Portland, Oregon — In a significant legal action, the National Association of Wholesaler-Distributors (NAW) has filed a lawsuit against the state of Oregon, contesting the constitutionality of its recently implemented extended producer responsibility (EPR) program for packaging. This lawsuit comes on the heels of Oregon’s pioneering move to adopt such a program, aimed at enhancing recycling practices and reducing plastic waste.
The lawsuit, lodged in the U.S. District Court for the District of Oregon, sets forth several claims. NAW contends that the EPR program violates various legal doctrines including nondelegation, the federal dormant commerce clause, and the federal unconstitutional conditions doctrine. The organization argues that the law creates obstacles for interstate commerce and raises concerns about the functioning of the producer responsibility organization appointed to manage the program, among other grievances.
Named as defendants in the suit are the Oregon Department of Environmental Quality, the Oregon Environmental Commission, and the state’s attorney general. The legal challenge stems from NAW’s assertion that the EPR law shifts burdens onto segments of the supply chain that lack the ability to influence decisions related to product design, reuse, and recycling.
Oregon’s EPR program is the second of its kind in the United States, established under the Plastic Pollution and Recycling Modernization Act passed in 2021. Earlier this year, Oregon became the first state in the nation to launch its EPR program. The law allows for multiple producer responsibility organizations, although only the Circular Action Alliance is currently operational.
In a statement, NAW President and CEO Eric Hoplin articulated concerns about the constitutionality of the law, asserting that while there is broad support for achieving a circular economy, the execution of Oregon’s EPR program is flawed. “We believe the law as enacted does not adequately address the complexities involved,” he stated.
Prior to the lawsuit, NAW had urged the Oregon Department of Environmental Quality to postpone the program’s enforcement, requesting a one-year delay in a letter dated June 4. The association, representing approximately 30,000 businesses, expressed unease about the implications of the EPR on distribution companies and other stakeholders.
Looking beyond Oregon’s borders, NAW is actively monitoring EPR proposals in various states. Recently, it appealed to the Colorado Department of Public Health and Environment to delay a reporting deadline tied to the state’s own packaging EPR program.
As legal discussions unfold, the implications of Oregon’s legislation could shape future EPR programs nationwide, as various states evaluate their approaches to managing packaging waste and promoting environmental accountability.
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