Page 55 - Plastics News September 2026
P. 55
INTERNATIONAL NEWS
Federal Court Uphelds Oregon’s Plastic Pollution And
Recycling Modernization Acts
Oregon's RMA requires companies that sell
packaged goods and paper products to pay
fees covering recycling costs. The National As-
sociation of Wholesaler-Distributors argued the
law violated the dormant Commerce Clause and
Due Process Clause. The judge rejected these
claims, finding that the fees do not discriminate
against out-of-state businesses and that the
state retains proper oversight. the Court con-
cluded that the RMA does not violate the private
nondelegation doctrine. As for the penalty pro-
visions in CAA’s producer agreement, the Court
noted that “the Oregon Addendum permits the
n August 27, 2026, a federal court upheld producer to go to court to seek to enjoin arbitra-
OOregon’s Plastic Pollution and Recycling tion proceedings until after any civil penalty pro-
Modernization Act, ruling in National Association ceedings with DEQ have been exhausted.” State
of Wholesaler-Distributors v. Feldon that the officials can now fully enforce registration and
state's extended producer responsibility (EPR) fee rules for covered producers. Legal experts
law is constitutional. U.S. District Judge Michael note this first-of-its-kind federal decision may
Simon issued the 71-page decision after a five- influence similar EPR legal challenges in other
day bench trial. The ruling dissolves an earlier states like California and Colorado.
preliminary injunction and allows Oregon to en-
force the recycling law immediately.
France Drops Mandatory Bottle Deposit System
rance has decided against a mandatory a mandatory nationwide system, as it seeks to
deposit system for plastic bottles and rec- improve collection rates while taking account of
Fommends that towns and cities set up vol- significant differences in performance between
untary schemes. municipalities.
According to Reuters reports, after a three- The proposal was announced on September 4
month consultation with towns and cities, as well following three months of consultations involv-
as plastic bottle and recycling businesses, the ing local authorities, industry, elected represent-
Ministry of Ecological Transition has announced atives and recycling companies as part of the
that a mandatory deposit system will not be en- government’s Plastics Plan.
forced.
The government said that no mandatory de-
The French government has proposed a vol- posit scheme would be introduced under its cur-
untary, locally implemented deposit-return ap- rent approach. Instead, deposit systems would
proach for plastic bottles rather than introducing be available to local authorities on a voluntary
September 2026 PLASTICS NEWS 59
