A federal district court in Oregon has upheld the state's Extended Producer Responsibility law, determining that it does not violate either the Commerce Clause or the Due Process Clause of the U.S. Constitution, as shared by the Auto Care Association in a recent press release.

As a result of this ruling, Oregon's EPR program may now move forward in full, and enforcement activities that had been paused under a preliminary injunction may resume.

The court's decision allows Oregon and the Circular Action Alliance to continue implementing the state's EPR program without the restrictions imposed by the preliminary injunction.

For affected producers:

• All producers are now subject to the full scope of Oregon's EPR requirements.
• Oregon may resume enforcement activities against companies that were previously covered by the injunction.
• A separate class action lawsuit filed on behalf of producers in the same court is now expected to be dismissed.

The National Association of Wholesaler-Distributors may appeal the decision to the U.S. Court of Appeals for the Ninth Circuit. NAW generally has 30 days to file an appeal, unless additional motions are filed with the district court that extend that timeline.

If an appeal is pursued, the case could remain under review for several months while briefing and oral arguments take place. However, ACA noted that unless a new court order is issued, Oregon's EPR program will continue to move forward during that process.

ACA members looking for guidance on Oregon's program and other EPR-related obligations can access Auto Care's EPR Resource Center here.