Motion seeks to keep members’ protection in place before new invoices arrive in January 2027
WASHINGTON, DC, OCTOBER 17, 2026 – The National Association of Wholesaler-Distributors (NAW) has filed a motion asking the U.S. District Court for the District of Oregon to stay its judgment in NAW v. Feldon (Case No. 3:25-cv-01334-SI) while NAW’s appeal is pending before the U.S. Court of Appeals for the Ninth Circuit.
A stay would restore the protection NAW’s members have had since February 2026, when the court preliminarily enjoined enforcement of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA).
Timing is a factor, as the Circular Action Alliance (CAA), Oregon’s state-designated producer responsibility organization, will send its next round of invoices to NAW’s members in January 2027, months before the Ninth Circuit is expected to hear argument. Members who pay may never get that money back if the RMA is later held unconstitutional. Conversely, members who don’t pay could face compounding late fees and possible enforcement by Oregon’s Department of Environmental Quality (DEQ). When the court granted the preliminary injunction, it found that this double bind causes irreparable harm whichever way a member chooses. NAW argues nothing about that has changed.
“Our members shouldn’t have to face the threat of enforcement while the Ninth Circuit decides whether this law is constitutional,” said Eric Hoplin, President and CEO, NAW. “A stay keeps our members where they’ve been since February and gives the appeals court room to do its job.”
The district court ruled against NAW in August, but when it granted the preliminary injunction in February, that same court found NAW had raised serious questions about the RMA’s constitutionality under the dormant Commerce Clause and the Due Process Clause. NAW argues the Ninth Circuit should have a chance to answer those questions before members are forced to pay.
“NAW has raised serious constitutional questions, and the distribution businesses NAW represents face harm they can’t undo if they’re forced to comply with Oregon’s burdensome EPR law before the Ninth Circuit makes a decision,” said Karen Harned, Director of Litigation and Legal Policy, NAW. “Oregon’s program continued to operate without disruption under the previous injunction, showing the state won’t be harmed from a stay. Yet, without a stay, NAW members stand to lose their constitutional rights. This inequity is exactly what a stay pending appeal is intended to address.”
NAW filed its notice of appeal to the Ninth Circuit in September. NAW is also the sole business plaintiff in a 17-state coalition challenging California’s EPR law and has filed a separate challenge to Colorado’s EPR law. Both cases are ongoing.
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About the National Association of Wholesaler-Distributors (NAW):
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.
Media inquiries: Contact Matt Clarke
