Packaging EPR Goes on Trial
Environmental attorneys Alexandra Ward and Maggie Pahl were interviewed for a Packaging Dive article about the first lawsuit over state extended producer responsibility (EPR) programs to go to trial. The National Association of Wholesaler-Distributors (NAW) sued Oregon in June 2025, alleging its EPR packaging program is unconstitutional, and the trial is scheduled to begin on July 13, 2026. Ms. Ward characterized the closely watched case as "our version of a championship sports game" because its outcome is expected to clarify the permissible contours of future state EPR regulations.
"That's going to be the first EPR litigation that's been decided. So that's going to be huge not just in Oregon but nationwide and in any state that has EPR laws, or frankly any state that's considering to adopt EPR laws," she continued.
Ms. Pahl cited Minnesota, which adopted a packaging EPR law in 2024 but is still working out the details, as one such state that could be immediately affected by the decision. She also pointed out that manufacturers, business groups, environmental groups and state attorneys general have brought lawsuits in multiple other states, including California and Colorado, and those cases could in turn be shaped by what happens here. Coinciding reporting deadlines this spring most likely led to the wave of suits, she added.
"I think it encouraged a lot of regulated entities to look out for litigation opportunities," she said.