U.S. Packaging EPR Atlas Extended Producer Responsibility Intelligence Hub

U.S. District Court, District of Oregon  |  3:26-cv-01287 (Judge Michael H. Simon, the same judge who decided NAW v. Feldon)  |  Filed June 25, 2026 current October 25, 2026

What this means for producers

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This case reaches Oregon producers outside the NAW injunction. Under a stipulation the parties filed July 16, 2026 (ECF 9, Exhibit 1; terms as summarized by Arnold and Porter, July 22, 2026), DEQ agreed not to issue pre-enforcement notices against members of the putative class, producers not covered by the NAW injunction, until at least August 31, 2026. That date has passed, and the public docket shows no order extending the pause (an October 9, 2026 entry, ECF 13, is labeled Stay, and its text is not on the free docket), so do not plan around it; the stipulation allowed extension by written consent, which need not be docketed, so whether the parties extended it privately is unknown. Your obligations were never suspended, so keep registering, reporting, and paying. DEQ could always investigate you and send warning letters. No class has been certified, so the pause rested on DEQ's agreement rather than a court order granting anyone relief. And the Circular Action Alliance is not a party, so CAA can still invoice you, pursue you for non-payment, and flag you to DEQ under ORS 459A.869(10)(a). Being named publicly is a separate step. DEQ publishes the Producer Status List, and ORS 459A.869(8)(b) separately requires CAA to post the identity of non-compliant members on its website each quarter, but CAA's September 22, 2026 Oregon registry lists members and names no one as non-compliant.

This summary of where the case stands is not legal advice. If your exposure is material, confirm it with counsel.

What is being challenged

A putative class action on behalf of producers not covered by the NAW injunction, pleading the same dormant Commerce Clause and Fourteenth Amendment due process theories the court credited at the preliminary injunction stage in NAW and then rejected on the merits after trial.

Where it stands

Held in abeyance. A stipulation the parties filed July 16, 2026 (ECF 9, Exhibit 1; terms as summarized by Arnold and Porter, July 22, 2026) paused Oregon DEQ pre-enforcement notices against Lollicup and putative class members until at least August 31, 2026; the public docket, accessed October 12, 2026, shows no order extending it, an October 9, 2026 entry (ECF 13) is labeled Stay with no text on the free mirror, and any written extension is unknown. All other deadlines were struck pending the NAW decision, and that decision issued on August 27, 2026 upholding the Recycling Modernization Act against both the dormant Commerce Clause and the due process challenge. On September 10, 2026 the court granted the parties’ joint motion (ECF 11) and moved the joint status report to October 16, 2026 (ECF 12), so the parties can report after NAW’s September 28 appeal deadline. NAW noticed its appeal on September 24, 2026 (NAW v. Feldon, ECF 209). No class certification motion and no preliminary injunction motion has been filed.

Who is affected

The pause covered Oregon producers outside the NAW injunction, and only through August 31, 2026 on the public record. Obligations were never suspended: registration, reporting, and fees continue. DEQ kept authority to investigate, issue warning letters, and conduct other pre-enforcement activity. No class has been certified, so the protection rested on DEQ's agreement alone. And the Circular Action Alliance is not a party, so it may continue assessing fees, pursuing compliance actions, and flagging producers to DEQ under ORS 459A.869(10)(a).

Chronology

The main filings, orders, and related events are listed in date order, and a date marked scheduled has not happened yet.

DateWhat happened
June 25, 2026Putative class action filed by Lollicup USA, a subsidiary of Karat Packaging, on behalf of producers not covered by the NAW injunction.
July 16, 2026Joint motion filed (ECF 9), with the parties' stipulation as Exhibit 1 (terms as summarized by Arnold and Porter, July 22, 2026). Oregon DEQ agrees not to issue pre-enforcement notices against Lollicup or any putative class member until at least August 31, 2026.
July 17, 2026Order granting the joint motion (ECF 10). All pending deadlines were stricken, the defendant's deadline to respond to the complaint was suspended, and a joint status report was due not later than September 10, 2026, a date the September 10, 2026 order (ECF 12) moved to October 16, 2026.
August 27, 2026The court decides NAW v. Feldon, the case these deadlines awaited, and upholds the Recycling Modernization Act on both claims, which are the same theories pleaded here.
August 31, 2026The stipulated enforcement pause ran through this date. Nothing on the public docket extends it; an extension by written consent need not be docketed.
September 9, 2026Joint motion to extend the status report deadline (ECF 11). The parties say what this case needs depends on whether NAW appeals by September 28, 2026.
September 10, 2026Order granting the joint motion (ECF 12): joint status report now due not later than October 16, 2026; all other deadlines remain stricken.
October 16, 2026Joint status report deadline set by ECF 12. The free docket, last updated October 13, 2026, does not show whether a report was filed. An October 9, 2026 entry (ECF 13), labeled Stay, and an unnumbered October 13, 2026 entry, labeled Scheduling, have no readable text. Packaging Dive reported on October 13, 2026 that ECF 13 is a joint motion to stay the case pending the NAW appeal, with status reports every six months beginning April 16, 2027; the docket does not yet confirm this or show a ruling.

Dates are drawn from court filings, orders, and firm alerts as reported. Where a docket is not publicly accessible the Atlas relies on secondary reporting and says so.

How current this is

Status as of October 25, 2026. Docket accessed on CourtListener October 25, 2026; the mirror’s own last refresh was October 22, 2026 at 6:41 a.m., and the newest entries are ECF 13 of October 9, 2026, labeled Stay, and an unnumbered October 13, 2026 entry, labeled Scheduling, neither with docket text on the free mirror.