Oregon’s packaging extended producer responsibility law has survived a constitutional challenge. Following a five-day bench trial, U.S. District Judge Michael H. Simon ruled that Oregon’s Plastic Pollution and Recycling Modernization Act does not violate the dormant Commerce Clause or the Due Process Clause. The challenge was brought by the National Association of Wholesaler-Distributors (NAW).
The court concluded that the challenged provisions neither discriminate against interstate commerce nor impose burdens that are clearly excessive in relation to the law’s benefits to Oregon. It also rejected NAW’s due-process claims, finding that the law does not impermissibly delegate governmental authority to private entities because the Oregon Department of Environmental Quality retains ultimate decision-making authority. In addition, the court found that the law provides adequate procedural protections for producers seeking to challenge fee assessments. NAW has until September 28 to notice an appeal to the Ninth Circuit.
Tonkon represented amici curiae Oregon Business & Industry Association; Northwest Grocery Retail Association; Food Northwest; Air-Conditioning, Heating, and Refrigeration Institute (AHRI); American Lighting Association; and the Association of Home Appliance Manufacturers (AHAM).
This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Environmental & Natural Resources Practice Group, or the attorney with whom you normally consult.
Filed under Environmental, Extended Producer Responsibility (EPR) Law, Manufacturing, News & Publications