The National Association of Wholesaler-Distributors is asking a court to suspend enforcement of the Plastic Pollution and Recycling Modernization Act ahead of a next round of producer invoicing.
Dive Brief:
- The National Association of Wholesaler-Distributors is taking a new step to stop Oregon’s extended producer responsibility for packaging program.
- The association on Tuesday filed a motion for a preliminary injunction, asking the U.S. District Court for the District of Oregon to suspend enforcement of the Plastic Pollution and Recycling Modernization Act.
- This follows a lack of movement since late July when NAW first filed its lawsuit challenging the law. NAW’s original complaint alleged the EPR program is “unconstitutional,” citing nondelegation doctrine, federal dormant commerce clause, federal unconstitutional conditions doctrine and federal and state due process.