Late last month, a federal judge upheld Oregon’s extended producer responsibility (EPR) plastic pollution and recycling program, ruling that the program does not violate the U.S. Constitution.
Oregon’s Plastic Pollution and Recycling Modernization Act was the first EPR law in the country when it took effect in 2022. The Act is designed to make recycling easier by expanding public access, upgrading the facilities that sort recyclables, and creating environmental benefits while reducing social and environmental harms.
The Oregon Department of Environmental Quality last year designated the Circular Action Alliance (CAA) as the producer responsibility organization tasked with implementing the Act requirements. The CAA is responsible for managing producer registration, reporting, and fee collection. The ruling rejected arguments from the National Association of Wholesaler-Distributors that the program violates constitutional due process rights and the Commerce Clause.
Some observers expect this ruling to serve as a signal to industry and bellwether for other state EPR law cases. California, Colorado, Maine, Maryland, Minnesota and Washington state also have EPR laws.
