The National Association of Wholesaler-Distributors (NAW) announced that it is appealing the district court’s August 27 decision in NAW v. Feldon upholding Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), the state’s Extended Producer Responsibility (EPR) for packaging law. As ISPA previously reported, a U.S. District Judge ruled that Oregon’s RMA does not violate the Due Process Clause or the Dormant Commerce Clause of the U.S. Constitution. In fact, all arguments made by NAW were struck down. Naw’s appeal focuses on two points: the Dormant Commerce Clause and Due Process.

Companies subject to packaging EPR requirements should not assume that constitutional challenges will delay implementation or enforcement of state EPR programs. ISPA will continue to follow the case closely for potential appeals and effects on other lawsuits against state packaging EPR and other programs. NAW has filed similar lawsuits against packaging EPR programs in Colorado and California that are awaiting rulings.