Simon issued a Finding of Fact and Conclusions of Law (the Decision) in the bench trial for National Association of Wholesaler-Distributors v. This decision is likely to shape ongoing litigation involving other state EPR programs, including current challenges to California's EPR program.
Simon issued a Finding of Fact and Conclusions of Law (the Decision) in the bench trial for National Association of Wholesaler-Distributors v.
This decision is likely to shape ongoing litigation involving other state EPR programs, including current challenges to California's EPR program.
Judge Simon found that the purpose, text, and effect of the Oregon Plastic Pollution and Recycling Modernization Act (RMA), Oregon's EPR statute, did not discriminate against interstate commerce.
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Simon issued a Finding of Fact and Conclusions of Law (the Decision) in the bench trial for National Association of Wholesaler-Distributors v. This decision is likely to shape ongoing litigation involving other state EPR programs, including current challenges to California's EPR program. Judge Simon found that the purpose, text, and effect of the Oregon Plastic Pollution and Recycling Modernization Act (RMA), Oregon's EPR statute, did not discriminate against interstate commerce.
Feldon, holding that the Oregon Department of Environmental Quality's (DEQ) Extended Producer Responsibility (EPR) program, run by the Producer Responsibility Organization (PRO) Circular Action Alliance (CAA), does not violate the Dormant Commerce Clause or the Due Process Clause of the U.S. Clause and two theories of argument brought under the Due Process Clause.
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