Federal judge sides with Oregon’s recycling law
Key Points:
- A federal judge ruled in favor of Oregon's Plastic Pollution and Recycling Modernization Act, rejecting a lawsuit by the National Association of Wholesaler-Distributors that claimed the law was unconstitutional and discriminated against out-of-state businesses.
- The law requires distributors to pay fees based on the packaging they use, funding expanded recycling services and standardized recycling practices across Oregon.
- The distributors argued the law was unfair due to exemptions for Oregon government bodies and small in-state businesses, but the judge found no evidence of constitutional violations, emphasizing Oregon's authority to protect public health and mitigate waste pollution.
- The ruling lifted a temporary injunction that had paused fee requirements, with non-compliant businesses facing daily fines; the association is considering appealing the decision to the Ninth Circuit Court of Appeals.
- Oregon is the first state to implement such a recycling fee system, with fees supporting local recycling infrastructure and education, and distributors' fees accounting for less than 5% of total producer fees collected in 2025.