Oregon Recycling Modernization Act Upheld as Constitutional

This week the United States District Court for the District of Oregon ruled that Oregon's Plastic Pollution and Recycling Modernization Act is constitutional, allowing the state to continue implementing the landmark recycling law. In its decision this week, the court determined that the Recycling Modernization Act does not violate either the dormant Commerce Clause or the Due Process Clause. The decision follows a five-day trial held in July 2026, during which the court heard arguments and received evidence from the Oregon Department of Environmental Quality (DEQ) and the National Association of Wholesaler-Distributors.

The Recycling Modernization Act requires producers of packaging materials to pay fees that help cover the costs those materials impose on Oregon's recycling system and support investments to modernize and expand recycling opportunities for Oregonians.

The fees are collected by a nonprofit producer responsibility organization responsible for implementing the law under DEQ oversight. The law is designed to strengthen Oregon's recycling system by improving recycling services, investing in the infrastructure needed to sort and process recyclable materials, and giving producers a greater role in managing the products and packaging they place on the market.

"Oregon has long been a national leader in waste prevention and recycling, and we're pleased that the court has recognized the state's authority to move forward with a modern recycling system that works for Oregonians," said Jen Parrott, DEQ Administrator of Land Quality Programs. "The goals behind this law remain important: improving recycling services, strengthening the infrastructure that sorts and processes recyclable materials, and ensuring producers play a greater role in the costs associated with the products and packaging they place on the market.

"We look forward to continuing implementation of the law, working with our partners to ensure Oregon's recycling system is accessible, effective and sustainable for the long term."

The Recycling Modernization Act

The Recycling Modernization Act represents an important shift toward shared responsibility, bringing producers, local governments, recycling facilities and communities together to strengthen the system and improve recycling outcomes. The key facets of the program are universal lists of accepted recyclable materials, reduced burden on consumers and the environment for updating recycling systems, and improved data collection to demonstrate that what people put in the recycling bin is actually recycled. As one of several extended producer responsibility programs in Oregon, the Recycling Modernization Act provides a path to strengthen our recycling system, reduce environmental impacts and build a more sustainable future for Oregon.