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, 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. This was the first federal trial to test the constitutionality of a state EPR law.
The legal argument focused on whether a private company can be handed the power to set mandatory fees on businesses, with no public process behind the number and no independent way to contest it. While NAW supports the environmental goals of a circular economy, we do not believe the way Oregon has structured this program is unconstitutional and has not been shown to achieve those goals.
We presented the strongest case we could on the constitutional questions at the center of this case, and post-trial briefing is expected to follow in the coming weeks. NAW extends its gratitude to Judge Simon for his attention throughout the trial, and we await the court’s decision with anticipation.”
— Brian Wild, Chief Government Affairs Officer, NAW
Read more about NAW’s positioning on Packaging EPR laws.
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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.
