National Association of Wholesaler-Distributors v. Leah Feldon

July 30, 2025

The National Association of Wholesaler-Distributors filed a Complaint against the Oregon Department of Environmental Quality and Oregon Environmental Commission to challenge Oregon’s Plastic Pollution and Recycling Modernization Act, which requires “producers” of various packaging and products to join a producer responsibility organization (PRO) that sets fees on materials sold in Oregon. The plaintiff claims the Act improperly delegates regulatory authority to a private third-party organization (Circular Action Alliance) that has established a confidential fee methodology creating “unreasonable, arbitrary, and crushing burdens” on wholesalers and distributors. According to the complaint, these fees may exceed wholesalers’ margins or even product prices themselves, with many businesses only recently receiving unexpectedly high invoices. The plaintiff seeks declaratory and injunctive relief against the implementation of this program, which they argue is unprecedented in scope and complexity compared to typical extended producer responsibility programs.

October 27, 2025

Plaintiff filed a First Amended Complaint to include Leah Feldon, Director of Oregon’s Department of Environmental Quality, as a Defendant.

February 6, 2026

The court issued an Order granting NAW’s Motion for Preliminary Injunction, and enjoined Feldon from enforcing Oregon’s EPR law against NAW and its members.

June 17, 2026

The Restaurant Law Center and International Franchise Association jointly filed an amicus brief.

July 13, 2026

A five-day trial on the merits commenced.

August 27, 2026

The judge entered Findings of Fact and Conclusions of Law, and concluded that Oregon’s Plastic Pollution and Recycling Modernization Act does not violate either the dormant Commerce Clause or the Due Process Clause of the US Constitution.