Constitutional Challenge to Oregon's Packaging Law Heads to Trial

The National Association of Wholesaler-Distributors (NAW) argues that Oregon’s packaging program violates the Due Process Clause by improperly delegating authority to the Circular Action Alliance, a private producer responsibility organization. Furthermore, the plaintiffs contend the act infringes upon the Commerce Clause, alleging that state-level requirements impose undue burdens on out-of-state businesses operating within the interstate market.

During the opening days of the proceedings, testimony focused on the practical implementation of the act and the division of oversight between the Oregon Department of Environmental Quality and the Circular Action Alliance. While the state maintains that the program’s operational hurdles stem from routine business adjustments, the NAW is building a factual record to demonstrate that the statute’s reach extends significantly beyond Oregon’s borders. Law firm Bergeson & Campbell, P.C. is tracking the litigation, which serves as a bellwether for similar environmental statutes nationwide.