May 19, 2026

If you follow extended producer responsibility (EPR) litigation, your inbox has been full of updates about Oregon. For good reason: the National Association of Wholesaler-Distributors (NAW) filed suit in federal court in July 2025 challenging the constitutionality of Oregon’s Plastic…

Court Enjoins Oregon’s Extended Producer Responsibility Law for Some Companies, but Others Face Continued Compliance Obligations

By Shawn Zovod, Karlie Webb, Melissa Horne, Bryan Haynes, Liz Glusman, Chelsey Noble & Natalie Crane

February 11, 2026

On February 6, 2026, an Oregon district court issued a decision barring the Oregon Department of Environmental Quality (DEQ) from enforcing the nation’s first extended producer responsibility (EPR) law for packaging, food serviceware, and paper products (referred to as “covered…