By Oregon Small Business Association Foundation,
The National Association of Wholesaler-Distributors has appealed its challenge to Oregon’s 2021 far-reaching recycling law to the U.S. 9th Circuit Court of Appeals, contending a U.S. District Court judge erred in rejecting its challenge. The trade organization contends the Plastic Pollution and Recycling Modernization Act discriminates against manufacturers by requiring them to pay packaging fees to support the Oregon recycling program, even if they’re selling outside the state, and gives enforcement authority to a third party. The National Association of Wholesaler-Distributors (NAW) also stated that the law violated due process, discriminated against out-of-state producers, and that is a violation the Dormant Commerce Clause.
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