The National Association of Wholesaler-Distributors said Monday that it has asked a federal court in Oregon to suspend the state’s recycling program overhaul.
The distributor trade group originally filed a lawsuit challenging the Plastic Pollution and Recycling Modernization Act after the changes took effect in July, but NAW officials said this week that the first round of fees were “significantly higher than publicly projected” and that another round is expected in January.
The new filing seeks a preliminary injunction on enforcement of the law while the original lawsuit remains pending.
“Our members’ July invoices show a system that is unpredictable, opaque and economically unsustainable,” NAW Chief Government Relations Officer Brian Wild said in a statement. “With January assessments approaching and no transparency into how fees are set, businesses are facing uncertainty, instability, and costs they cannot absorb.”
The law, passed in 2021, requires companies that sell or distribute plastic, paper or foodservice products to register with the state and pay fees that would, in turn, help fund the state’s recycling efforts. Proponents contend that companies that produce paper or plastics should pay to recycle them, and that similar models have long been implemented in Canada and Europe.
The NAW’s July lawsuit contended that the law was unconstitutional on several fronts, particularly the Commerce Clause’s ban on state regulations governing interstate commerce.
