Appeal Filed Against Oregon's EPR Law Challenging Fees and Supply Chains

The National Association of Wholesaler-Distributors (NAW) has appealed a district court decision upholding Oregon’s Plastic Pollution and Recycling Modernization Act, the state’s Extended Producer Responsibility (EPR) law. The appeal was filed with the U.S. Court of Appeals for the Ninth Circuit. NAW argues that the law is unconstitutional and that the district court made incorrect legal conclusions regarding the matter.

The challenge centers on the law’s requirement that fees be paid by wholesaler-distributors who do not control the final destination of the products. NAW contends that the EPR law disrupts nationally integrated supply chains, forcing multi-state companies to re-engineer operations or avoid Oregon entirely.