Court dismisses multiple claims against Oregon recycling law

The federal district court of Oregon dismissed multiple claims against the Oregon Department of Environmental Quality last Friday in a lawsuit challenging the state's Plastic Pollution and Recycling Modernization Act. The act remains in effect. The two remaining claims in the lawsuit will be decided in a trial in July.

The court issued a narrow injunction that temporarily pauses DEQ enforcement of the act against producers who are members of the National Association of Wholesaler Distributors. Under the Recycling Modernization Act, producers of packaging materials are required to pay fees to help cover the cost of those materials to Oregon's recycling system, and fund improvements to modernize and expand recycling opportunities for Oregonians. These fees are collected by a non-profit producer responsibility organization charged with implementing the act under DEQ's oversight.

"Oregon is known as a leader in recycling and is the first in the nation to implement this approach to recycling that brings many parties together to share the costs of recycling improvements," said DEQ administrator Jen Parrott. "Extended producer responsibility programs, that reduce the burden on consumers are prevalent in Oregon and around the world, and we're certain it can work for recycling."

The pause lasts until the judge makes a final decision on the remaining claims following a trial starting July 13, 2026.

The Recycling Modernization Act

The Recycling Modernization Act will update Oregon's outdated recycling system by building on local community programs and leveraging the resources of producers to create an innovative system that works for everyone. The key facets of the program are universal lists of accepted recyclable materials, reduced burden on consumers to pay for improving recycling systems, and improved data collection to demonstrate that what people put in the recycling bin is actually recycled.