Bergeson & Campbell, P.C. Analyzes Oregon Extended Producer Responsibility Trial

Washington D.C. – Law firm Bergeson & Campbell, P.C. (B&C) is offering daily analysis of the ongoing bench trial for National Association of Wholesaler-Distributors (NAW) v. Feldon, which commenced on July 13, 2026. The case addresses the constitutionality of Oregon's Plastic Pollution and Recycling Modernization Act (RMA).

The NAW is challenging Oregon's packaging-focused extended producer responsibility (EPR) program. According to NAW, the program is unconstitutional on two primary grounds: it violates the Due Process Clause, particularly regarding the delegation of authority to the producer responsibility organization Circular Action Alliance (CAA), and it violates the Commerce Clause due to the state program's implications for out-of-state businesses.

The initial days of the trial have been dedicated to establishing the factual record surrounding Oregon's RMA and its EPR program. NAW has focused on building a case that the program impacts business operations extending well beyond Oregon's borders, particularly concerning interstate supply chains.

Oregon officials, in defense, contend that many of the asserted burdens stem from business decisions or implementation issues rather than flaws in the statute itself. B&C is archiving its coverage of the trial proceedings on its website. Bergeson & Campbell, P.C. is a Washington D.C.-based law firm specializing in chemical product regulation and related business matters.