As the first quarter of state legislative sessions comes to a close, we continue to see some familiar trends in proposed bills, such as Extended Producer Responsibility and legislation related to warehouses. Extended Producer Responsibility (EPR) continues to surface across the country as lawmakers seek to modernize recycling systems and shift management responsibilities from local governments to producers. These measures generally require companies that place packaging, paper or beverage containers on the market to fund and participate in statewide recycling programs, meet performance and recycled-content targets, and support consumer education. Many states are also exploring more comprehensive frameworks, often involving multi-year implementation analysis, oversight by environmental agencies and the creation of producer-run stewardship organizations that administer the system.

While we monitor emerging EPR legislation, NAW’s Legal Policy Center is busy challenging Oregon’s EPR law in federal court. Last February, NAW prevailed in securing a preliminary injunction blocking enforcement of Oregon’s law and we are currently preparing to present on the merits when the Court hears our case on July 13. In the meantime, wholesaler-distributors continue to speak out regarding the impact of EPR laws on their industry, including most recently NAW member and West Coast Paper Solutions President Ed Allen’s Op-Ed in the Portland Tribune.