Oregon Court Upholds State EPR Law Against Constitutional Challenge
A first-of-its-kind ruling signals that producer-pays recycling and waste-management schemes are likely to survive legal challenges as more states adopt them.
An Oregon judge has upheld the state's extended producer responsibility (EPR) law, rejecting constitutional challenges against the regulatory scheme. This decision is being reported as the first of its kind to fully test and validate a state-level EPR program against such an attack.
Sophisticated counsel and their clients should care because EPR laws shift the financial and logistical burden of recycling and end-of-life product management from municipalities directly onto the producers of goods and packaging. This Oregon ruling clears a significant legal hurdle, making it more likely that similar laws in California, Colorado, Maine, and other states will also be implemented and survive challenges. This trend creates substantial new compliance costs and operational complexities for a wide swath of businesses.
Clients in manufacturing, distribution, and retail should monitor for any potential appeal of the Oregon decision but, more importantly, should begin preparing for compliance with the growing number of state-level EPR regimes, which now appear to have a stronger legal foundation.