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National Law Review
National Law Review
7/2/2026
Second Lawsuit Challenges Constitutionality of Oregon's Packaging EPR Law

Second Lawsuit Challenges Constitutionality of Oregon's Packaging EPR Law

Original: Second Lawsuit Challenges Constitutionality of Oregon’s Packaging EPR Law

Short summary

Lollicup USA filed the second federal lawsuit challenging Oregon's Packaging Pollution and Recycling Modernization Act (SB 582), a state-level extended producer responsibility law. The complaint alleges violations of the Dormant Commerce and Due Process Clauses and seeks injunctions blocking enforcement against producers not protected by a parallel injunction already granted. The lawsuit reflects an accelerating trend of constitutional challenges to state EPR schemes as producers face escalating compliance costs and fee obligations.

  • Second federal lawsuit challenges Oregon's EPR law on constitutional grounds
  • Lollicup USA seeks injunctions for thousands of excluded producers
  • Part of nationwide litigation trend against state EPR schemes

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