Updated October 4, 2026

Guides · Oregon

Oregon EPR lawsuit: where the challenge stands (2026)

The National Association of Wholesaler-Distributors (NAW) sued over Oregon's packaging law, the Recycling Modernization Act (RMA), in federal court in Portland. After a five-day trial, the court ruled on August 27, 2026 that the law doesn't violate the U.S. Constitution, and entered judgment for the state on August 28, 2026. NAW appealed to the 9th Circuit on September 24, 2026, and that appeal is pending. Oregon DEQ's producer page still lists the law's obligations: register with the Circular Action Alliance (CAA), report and pay. This page sets out the case from the court records. It doesn't predict the outcome.

The case at a glance

What NAW claimed

NAW asked the court to declare the RMA unconstitutional and to bar DEQ from enforcing it. Its amended complaint claimed violations of:

On February 6, 2026 (ECF 88) the court dismissed the claims against the four Commission members, and the Equal Protection, unconstitutional-conditions and Oregon Constitution claims, without prejudice. NAW didn't refile them. Two claims went to trial:

The preliminary injunction (February to August 2026)

Trade press (Resource Recycling) reports that the August 27, 2026 ruling dissolved the preliminary injunction: "It also dissolved the preliminary injunction that had shielded NAW members from enforcement since February" ("NAW appeals Oregon EPR ruling", September 25, 2026). We couldn't confirm that in the court's own documents: the Findings of Fact and Conclusions of Law (ECF 205) and the August 28 judgment (ECF 206) don't mention the injunction, and we couldn't read the docket text. In the district court filings we could read, through the notice of appeal on September 24, 2026, we found no order keeping the injunction in force after judgment. We also found no motion for an injunction or stay pending appeal there. A joint filing in a related case on September 9, 2026 (described below) says "No post-trial motion has been filed" in NAW's case.

The trial and the ruling

Why you'll see both dates: the written decision is dated and filed August 27, and the separate judgment is dated and filed August 28. NAW's notice of appeal is taken from "the Judgment entered … on August 28, 2026". Reports that give either date are describing different documents.

The 9th Circuit appeal

Related cases

Is Oregon's law in force now?

Yes. The RMA has been in effect throughout the case, and the district court has now ruled for the state. DEQ's page for producers of covered products doesn't mention the lawsuit. It says that "From 2025 onward" producers of packaging, paper and food serviceware must, under ORS 459A.869(1) and (5):

DEQ's page also says:

Oregon's small-producer tests haven't changed: under $5 million in global gross revenue in the most recent fiscal year, or under 1 metric ton of covered products into Oregon in the most recent calendar year, among others. Meeting any one test exempts you.

Upcoming Oregon dates, unaffected by the appeal so far:

What to watch

Under Oregon's thresholds? The small-producer tests apply whatever happens on appeal. Check them, and the other six states, in one place.

Check all seven states in two minutes

Sources

General information, not legal advice. We describe the court records as filed and don't predict how the appeal will come out. Court dockets change; we re-check this page as filings come in.