NAW v. Feldon is the first constitutional challenge to extended producer responsibility (EPR) legislation in the U.S.
WASHINGTON, July 16, 2026 /PRNewswire/ — Bergeson & Campbell, P.C. (B&C®) is providing daily coverage of the bench trial for National Association of Wholesaler-Distributors (NAW) v. Feldon, which started on July 13, 2026. The case considers the constitutionality of certain aspects of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA). L. Claire Hansen, an Associate with B&C, shares that “NAW asserts that Oregon’s packaging EPR program is unconstitutional on two primary grounds: violation of the Due Process Clause, particularly as it relates to delegating authority to producer responsibility organization Circular Action Alliance (CAA), and violation of the Commerce Clause, given the state program’s implications for out-of-state businesses.” Access the full archive of B&C’s coverage of this groundbreaking hearing at https://www.lawbc.com/tag/naw-v-feldon/.
Highlights from the first two days of the trial are listed below.
- The first day of the NAW v. Feldon bench trial was largely devoted to establishing the factual record surrounding Oregon’s Plastic Pollution and Recycling Modernization Act (SB 582) and the structure, governance, and implementation of the state’s EPR program. Rather than focusing on the constitutional and administrative law issues that ultimately will decide the case, the testimony centered on how the program operates in practice and the respective roles of the Oregon Department of Environmental Quality (DEQ) and the CAA. Read more.
- The second day of the NAW v. Feldon bench trial shifted from establishing the structure of Oregon’s EPR program to examining how Oregon’s RMA potentially impacts interstate supply chains. Through both fact and expert testimony, NAW continued building its factual record that Oregon’s implementation of the RMA affects business operations extending well beyond Oregon’s borders, while Oregon sought to demonstrate that many of the asserted burdens reflect business decisions or implementation issues rather than deficiencies in the statute itself. Read more.
Bergeson & Campbell, P.C. is a Washington, D.C. law firm focusing on conventional, biobased, and nanoscale industrial, agricultural, and specialty chemical product approval and regulation, product defense, and associated business issues.
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