On August 27, a U.S. District Judge issued a decision that Oregon’s ‘Recycling Modernization Act’ (RMA) does not violate the Due Process Clause or the Dormant Commerce Clause. Oregon’s RMA was enacted in 2021 by Senate Bill 582. 

The case, National Association of Wholesaler-Distributors (NAW) v. Feldon, was filed in July of 2025. It argued several points against the packaging EPR under RMA: 

  • Excessive fees; 
  • Improper private delegation to Circular Action Alliance (CAA); 
  • Unlawful civil-penalty process under Department of Environmental Quality (DEQ); and 
  • Small-producer exemption and ‘Pike balancing’ violating interstate commerce. 

All arguments made by NAW were struck down by the U.S. District Judge. ISPA will continue to follow the case closely for potential appeals and impacts on other lawsuits against state packaging EPR and other programs.