Oregon Court Narrows the Open Question in NAW v. Feldon; Still No Ruling

Judge Michael Simon declined oral argument on August 4, 2026 and ordered five-page supplemental briefs on a single question: whether the Recycling Modernization Act’s small producer exemption for certain Oregon public bodies, at ORS 459A.863(32)(b) and ORS 459A.872(1), is facially discriminatory under the Dormant Commerce Clause. Oregon’s brief was due August 7 and NAW’s response August 10. Separately, Oregon raised Pullman and Burford abstention for the first time in post-trial briefing, and the court did not ask for further briefing on it. No decision has issued as of August 16, 2026. What this means for you: nothing changes today. The February 6, 2026 preliminary injunction still covers only companies that were NAW members on that date, and every other producer remains fully obligated. A narrowed question suggests the court considers the due process and delegation record complete, but it is not a signal about the outcome. Source: Bergeson & Campbell (August 6, 2026).