Court Enjoins Oregon Packaging EPR Law in NAW Challenge

On February 6, 2026, the Oregon District Court granted a preliminary injunction in a challenge to Oregon’s packaging extended producer responsibility (EPR) scheme while dismissing other claims without prejudice.

The one-paragraph order bases the injunction on the plaintiff’s dormant Commerce Clause and due process claims.  Those claims allege that the scheme unduly restricts interstate commerce and delegates unprecedented regulatory authority to a producer responsibility organization (PRO).

“Serious questions go to the merits of Plaintiff’s claims, there is a likelihood of irreparable injury, and the balance of hardships tips sharply in favor of Plaintiff,” the court wrote.  “The Court therefore enjoins Defendant Leah Feldon from enforcing the Plastic Pollution and Recycling Modernization Act against Plaintiff National Association of Wholesale Distributors [(NAW)] and its members.”

The court dismissed NAW’s remaining claims, including its equal protection claim, unconstitutional conditions claim, and claims brought under the Oregon Constitution.  It also dismissed all claims against four Oregon officials, which the state argued were barred by the Eleventh Amendment.

NAW has until February 20, 2026, to replead the dismissed claims.  In a separate docket entry, the court set a five-day court trial to begin July 13, 2026.

The case is National Association of Wholesaler-Distributors v. Feldon, 25-cv-1334 (D. Or.), filed July 30, 2025.  A prior post discussing the motion for a preliminary injunction and motion to dismiss is available here.