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NAW Appeals the Oregon EPR Ruling to the Ninth Circuit

Litigation update, September 21, 2026. Part of the EPR Atlas weekly packaging EPR update log.

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Facts on this page were last verified against primary sources on October 8, 2026. The EPR Atlas is re-checked weekly, and this stamp moves only when a verification pass runs.

Litigation  |  OR  |  September 21, 2026

On September 24, 2026 NAW appealed to the Ninth Circuit from the August 28 judgment that upheld Oregon’s Recycling Modernization Act (NAW v. Feldon, ECF 209). NAW says it will press its dormant Commerce Clause and due process claims. The docket shows no request to stay the ruling.

What this means for you: nothing changes in Oregon, so keep registering, reporting, and paying. If you were a NAW member on February 6, 2026, the ruling does not say what became of that injunction, so get advice before relying on it. See the NAW v. Feldon case page. Sources: NAW v. Feldon docket, notice of appeal ECF 209 (September 24, 2026); NAW, NAW Appeals Oregon EPR Ruling to the Ninth Circuit (September 24, 2026).

Where this sits

This entry is part of the EPR Atlas weekly update log. Every week the Atlas checks the seven enacted states, the pending and early-stage states, the federal bills, active litigation, and agency rulemaking, then publishes what actually changed. See the full update archive or the live hub.

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