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. This page covers what is challenged, where the case stands, and who is covered by any relief granted.
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Last updated October 25, 2026.
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
This summary of where the case stands is not legal advice. If your exposure is material, confirm it with counsel.
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.
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.
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).
The main filings, orders, and related events are listed in date order, and a date marked scheduled has not happened yet.
| Date | What happened |
|---|---|
| June 25, 2026 | Putative class action filed by Lollicup USA, a subsidiary of Karat Packaging, on behalf of producers not covered by the NAW injunction. |
| July 16, 2026 | Joint 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, 2026 | Order 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, 2026 | The 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, 2026 | The 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, 2026 | Joint 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, 2026 | Order granting the joint motion (ECF 12): joint status report now due not later than October 16, 2026; all other deadlines remain stricken. |
| October 16, 2026 | Joint 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.
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.
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