(NAW) PORTLAND, Oregon – The National Association of Wholesaler-Distributors (NAW) on Feb. 6th prevailed in securing a preliminary injunction blocking enforcement of Oregon’s Plastic Pollution and Recycling Modernization Act. The injunction prevents Oregon’s Department of Environmental Quality from enforcing the Act against NAW Members until the court rules on the merits. The Court agreed with NAW that the law’s opaque regulatory scheme raises serious questions about whether the Act violates the Due Process and Dormant Commerce Clauses in the United States Constitution.
“This ruling is a significant victory for NAW members, who face imminent and irreparable harm under the Act, including unrecoverable compliance costs, competitive distortions, and the risk of steep civil penalties,” said Eric Hoplin, President and CEO of NAW. “This is a major win for NAW member companies who have been dramatically impacted by the exorbitant fees imposed under the law by the Circular Action Alliance. NAW looks forward to presenting its case on the merits when the Court hears our case on July 13.”
In a recent NAED Washington Wire, Bud DeFlaviis, NAED Director of Government Relations, stated: “In Oregon, NAED questioned the Circular Action Alliance’s (CAA) classification of distributors as “producers,” the lack of oversight, and the PRO’s authority to impose fees without transparency. NAED urged a delay in implementation until pending legal challenges are resolved.
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