Updated: Our analysis of the federal court decision upholding Oregon’s packaging EPR law has been updated to reflect two key developments: NAW’s appeal of that decision to the Ninth Circuit, and the extension of the filing deadline for the parties’ joint status report in the separate Lollicup v. Feldon litigation.
Read the full analysis here
On August 27, 2026, after a 5-day bench trial, U.S. District Judge Michael H. Simon upheld in its entirety Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), the state’s Extended Producer Responsibility (EPR) law, reversing an earlier preliminary injunction that captured stakeholder attention. This is the first federal court decision upholding a packaging EPR law
On June 25, 2026, Lollicup USA, a manufacturer of single-use disposable products for the restaurant and food services industries, filed in federal district court a putative class action lawsuit challenging the constitutionality of Oregon’s Plastic Pollution and Recycling Modernization Act, SB 582 (the Act or RMA). Like several other state laws, the RMA establishes extended
On June 22, 2026, a coalition of 17 states led by Nebraska’s attorney general (AG) plus the National Association of Wholesaler-Distributors (NAW), filed a federal lawsuit in the Eastern District of California, challenging the constitutionality of SB 54 (or the Act), California’s extended producer responsibility (EPR) law for packaging. Defendants include the California Department of
