U.S. District Court, District of Oregon. 3:25-cv-01334 (Judge Michael H. Simon). Filed 2025. What is challenged, where it stands, and who is actually covered by any relief granted.
Free. Updated weekly. No login required.
Facts on this page were last verified against primary sources on July 26, 2026. The EPR Atlas is re-checked weekly; this stamp moves only when a verification pass actually runs, not when the site rebuilds.
U.S. District Court, District of Oregon | 3:25-cv-01334 (Judge Michael H. Simon) | Filed 2025 verified July 23, 2026
This is a plain reading of where the case stands, not legal advice. If your exposure is material, confirm it with counsel.
The constitutionality of the Recycling Modernization Act itself, on dormant Commerce Clause and procedural due process grounds.
Five-day bench trial held July 13 to 17, 2026. Post-trial briefs were due July 31, 2026 and motions for additional oral argument August 3, 2026. Judge Simon said from the bench that he had not decided how to rule and will issue a decision by the end of August 2026. The briefing is not symmetric: the court indicated the dormant Commerce Clause issues are fully briefed, and the six post-trial questions are weighted to procedural due process.
The February 6, 2026 preliminary injunction shields companies that were NAW members on that date and nobody else. Every other producer remains fully subject to registration, reporting, fees and DEQ enforcement.
Every filing and order the Atlas has confirmed in this case, in order. Dates marked ahead are scheduled rather than reported.
| Date | What happened |
|---|---|
| 2025 | Complaint filed challenging the constitutionality of the Recycling Modernization Act. |
| February 6, 2026 | Preliminary injunction granted. It shields companies that were NAW members on this date and nobody else. |
| April 1, 2026 | Court denies motions to intervene by the American Forest and Paper Association and by a group of retail associations (Oregon Business and Industry, the Northwest Grocery Association, Food Northwest), finding them untimely and prejudicial to the expedited trial date. |
| July 13 to 17, 2026 | Five-day bench trial, roughly 34 hours of testimony. Oregon called David Allaway (DEQ), Scott Cassel (Product Stewardship Institute) and Reid Lifset (Yale); NAW called Calvin Lakhan in rebuttal. |
| July 17, 2026 | Trial concludes. Judge Simon states from the bench that he has not made up his mind, and directs the parties to address six specific questions in post-trial briefing. |
| July 31, 2026 scheduled | Post-trial briefs due. |
| August 3, 2026 scheduled | Deadline for any motion seeking additional oral argument. |
| End of August 2026 scheduled | Ruling expected on the constitutionality of the Recycling Modernization Act. |
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.
Last confirmed July 23, 2026. Checked weekly against court records, filings and firm alerts. Where a docket is not publicly accessible the Atlas says so rather than implying a status was re-verified.
Every state guide carries the full fee schedule, registration deadlines, program plan status, eco-modulation detail, statute and rule text, and exemptions.