US wholesalers group appeals Oregon EPR fee delegation to CAA
The National Association of Wholesaler-Distributors (NAW) has filed an appeal against an Oregon ruling that let the state delegate producer-fee-setting authority under its extended producer responsibility law to the Circular Action Alliance (CAA). NAW argues the delegation bypasses public rulemaking procedure and that CAA's multistate fee schedules disrupt interstate supply chains for covered paper and packaging. The case could affect how similar PRO-based EPR programmes in California, Colorado, Minnesota and Maine set producer fees.
Why this mattersA ruling against CAA's fee-setting power could force state agencies to take direct control of EPR fee schedules, reshaping compliance costs across several US states.
- NAW has appealed a ruling that allowed Oregon's DEQ to delegate producer fee-setting authority to CAA
- CAA is the PRO Oregon selected to run its printed paper and packaging EPR programme
- NAW's appeal cites both improper rate-making delegation and interstate supply chain disruption
- California, Colorado, Minnesota and Maine have similar EPR frameworks that rely on the same PRO model
- Producer fees under Oregon's EPR law fund collection, sorting, processing and recycling-rate improvements
- Oregon's programme is moving toward its first compliance milestones for producers
- NAW's federal suit alleges Oregon's EPR law breaches the Dormant Commerce Clause by favouring in-state entities
- Oregon collected USD 167m in recycling fees last year but spent USD 55m on recycling infrastructure, NAW says
- NAW president Eric Hoplin says the law targets wholesalers rather than packaging manufacturers
- NAW's lawyers say Circular Action Alliance's fee-setting methodology remains confidential