Overview
- Judge Michael H. Simon issued a 71-page decision on Aug. 27, 2026 that rejected constitutional challenges and upheld Oregon’s Plastic Pollution and Recycling Modernization Act in full.
- The ruling lifted a preliminary injunction that had paused enforcement, meaning covered producers must now register, report materials and pay per-unit fees under the state program.
- The court found the law does not discriminate against out-of-state businesses and that the Circular Action Alliance serves an advisory role while the Oregon Department of Environmental Quality retains oversight.
- Trial testimony cited steep practical costs for some companies, including one wholesale member saying its CAA invoice consumed roughly 74% of its Oregon gross profit and contracts allow late charges and statutory penalties.
- Though not binding outside Oregon, the opinion is the first federal court endorsement of an extended producer responsibility model and may serve as persuasive authority for litigation and rules in other states.