Analysis of Oregon EPR Litigation: Arguments and Conclusions – Update from Bergeson & Campbell, P.C.

On August 27, 2026, Judge Michael H. Simon issued a Findings of Fact and Conclusions of Law in the case of National Association of Wholesaler-Distributors v. Feldon, finding that Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) does not violate the Dormant Commerce Clause or the Due Process Clause. Following a five-day bench trial before the U.S. District Court for the District of Oregon in July 2026, Plaintiff National Association of Wholesaler-Distributors (NAW) and Defendant Leah Feldon, Director of the Oregon Department of Environmental Quality (DEQ), submitted extensive post-trial briefing addressing a discrete number of remaining questions about the constitutionality of the RMA. Judge Simon addressed both the Dormant Commerce Clause and Due Process Clause, framed his decision around federalism, state experimentation, and judicial restraint, and repeatedly separated policy criticism from constitutional invalidity. For more information on the case and its outcome, along with our commentary, please read the full memorandum here.