NAW Appeals Oregon EPR Ruling to Ninth Circuit

The National Association of Wholesaler-Distributors filed a notice of appeal on Thursday in the U.S. Court of Appeals for the Ninth Circuit, challenging an Aug. 27 ruling by Judge Michael H. Simon that upheld Oregon's extended producer responsibility law for packaging.

"The district court reached the wrong legal conclusions, and we're asking the Ninth Circuit to correct them," NAW President and CEO Eric Hoplin said in a statement.

NAW originally filed its lawsuit in summer 2025, when the Oregon program launched. The case, brought against Oregon Department of Environmental Quality Director Leah Feldon, went to a first-of-its-kind trial in July 2026. Judge Simon ultimately ruled that the law is constitutional.

In the appeal, NAW repeats two core arguments. First, it contends the law violates the dormant Commerce Clause because of disruptions to nationally integrated supply chains. Second, it claims violations of the Due Process Clause, citing issues with the operations of producer responsibility organization Circular Action Alliance.

NAW has largely led the legal fight against state packaging EPR laws and saw early success in this case. In February, an Oregon judge granted the group a preliminary injunction. NAW still has ongoing lawsuits challenging packaging EPR laws in California and Colorado. An appeal in the Oregon case was widely anticipated after Simon's August ruling.

The stakes for distributors are concrete, according to NAW Chief Government Relations Officer Brian Wild. Distributors face "three terrible options," he said in the announcement. "They can absorb fees they can't afford on their already slim 3–5% margins, they can pass costs on to customers, or they can just stop selling into EPR states."

NAW describes itself as "the national voice of the $8.7 trillion wholesale distribution industry."

A related Oregon case now hinges on the appeal's progress. Lollicup USA launched a class action lawsuit this summer, also against Feldon. In a September court filing, both the plaintiff and the defendant said they were awaiting a potential NAW appeal to determine whether Lollicup would move for a preliminary injunction or whether Feldon would seek to have the case dismissed. A joint status report is due Oct. 16.

The Ninth Circuit's eventual handling of the appeal will shape not only Oregon's program but also the parallel EPR challenges NAW is pressing in California and Colorado.