National Association of Wholesaler-Distributors (NAW) v. Feldon (3:25-cv-01334) is a federal lawsuit filed by NAW to challenge the constitutionality of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA). The case centers on Extended Producer Responsibility (EPR) laws, which force companies to join state-approved PROs (Producer Responsibility Organizations) and pay packaging fees.
A federal trial took place from July 13-17, 2026 at the Mark O. Hatfield United States Courthouse in Portland, Oregon, where NAW presented oral argument challenging the constitutionality and effectiveness of Oregon’s EPR law. The defendant was the Oregon Department of Environmental Quality (DEQ), which oversees and enforces Oregon’s EPR program.
Upon conclusion of the trial, NAW issued the following statement:
Last week, in the first trial to test the constitutionality of a state EPR law, NAW’s witnesses took the stand in federal court to describe the unreasonable hardship Oregon’s EPR structure creates for the $8.7 trillion wholesale distribution industry.
NAW witnesses showed the court the real-world costs this law imposes on wholesaler-distributors—in dollars, time, and operational disruption. Our expert testimony demonstrated how those costs ultimately flow through to businesses and consumers far beyond Oregon’s borders.
The trial also exposed a fundamental accountability problem with EPR. Oregon has delegated enormous authority to the Circular Action Alliance, a private organization that sets fees using a confidential methodology producers cannot review or verify, and that Oregon itself acknowledged it neither recreated nor needed to use because it could administer the program on its own.
While NAW supports the goals of a circular economy, we believe Oregon’s law is unconstitutional and structured in a way that undermines, rather than advances, those goals.
— Brian Wild, Chief Government Affairs Officer, NAW
Read more about NAW’s positioning on Packaging EPR laws.
###
About the National Association of Wholesaler-Distributors
The National Association of Wholesaler-Distributors (NAW) is one of America’s leading trade associations, representing the $8.7 trillion wholesale distribution industry. Founded in 1946, NAW includes national, regional, and state employers of all sizes, as well as industry trade associations and stakeholders across every distribution sector. The industry employs over six million workers nationwide and accounts for nearly one-third of U.S. GDP.
