Federal Judge Sides With Oregon's Recycling Law — Distributors Lose

  • Source: OPB
  • Verdict: keep
  • Why: The National Association of Wholesaler-Distributors — 30,000 businesses, an $8.6 trillion industry, Fortune 100 members — sued Oregon over its Plastic Pollution and Recycling Modernization Act, which makes producers pay fees based on the packaging they put into the system. They called it "a labyrinthine scheme, shrouded in secrecy" and claimed it discriminated against out-of-state companies. After a five-day bench trial, U.S. District Judge Michael Simon ruled it doesn't violate the Commerce Clause: Oregon is "exercising two fundamental police powers: mitigating waste pollution and protecting the health and safety of its citizenry." The association is already challenging similar laws in California and Colorado, so this isn't over — but it's the rare headline where the scumbags have to eat the bill for once. Distributors' fees were under 5% of all producer fees in 2025; the industry could afford it, it just didn't want to pay.

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