The National Association of Wholesaler-Distributors (NAW) filed a motion for a preliminary injunction on November 24, 2025, requesting that the U.S. District Court for the District of Oregon suspend enforcement of Oregon’s Plastic Pollution and Recycling Modernization Act (the “Act”), aka Oregon’s extended producer responsibility (EPR) law. The Act was passed in 2021, and the Oregon Department of Environmental Quality (DEQ) has approved a program plan submitted by Circular Action Alliance (CAA), the producer responsibility organization (PRO) selected to administer the program. (For more information on the Oregon program plan, see the Packaginglaw.com article, Oregon Approves Producer Responsibility Organization Program Plan.)

As background, NAW initially sued the Oregon Department of Environmental Quality and others in July 2025, asserting that Oregon’s EPR law is unconstitutional in violation of the Dormant Commerce Clause and the Due Process Clause, among other claims. NAW amended its Complaint in October to add a claim that the law also violates the Equal Protection Clause because it irrationally burdens mid-sized producers. In its lawsuit, NAW asks the Court “to declare the Act and any regulations promulgated thereunder void, to enjoin Defendants from implementing and enforcing the requirements, and to award any other relief appropriate to redress injuries and prevent further unlawful actions by Defendants.”

Producers that registered with CAA started receiving their first invoices for fees in July 2025. Noting that those fees were “significantly higher than publicly projected, often exceeding product margins,” NAW pointed out that the PRO’s fee-setting methodology has been declared confidential by CAA in its program plan that DEQ approved. 

NAW’s motion for a preliminary injunction asks the Court to pause all obligations under the Act, including reporting and payment requirements, pending final resolution of the case. NAW also requested that the motion be heard on January 14, 2026. Finally, the association asked the Court to enter a temporary restraining order pending its decision on injunctive relief if it is not prepared to enter a preliminary injunction by January 14.

Addressing its request to halt enforcement of Oregon EPR law, Brian Wild, NAW’s Chief Government Relations Officer, said in a press release, “Rather than improve recycling outcomes, Oregon’s program operates as a closed regulatory system run by private interests, with binding financial consequences for businesses that have no control over packaging design or disposal. Our members’ July invoices show a system that is unpredictable, opaque, and economically unsustainable. With January assessments approaching and no transparency into how fees are set, businesses are facing uncertainty, instability, and costs they cannot absorb.”