In this special edition of All Wrapped Up, we discuss BREAKING NEWS in Oregon. All arguments are officially before the U.S. District Court for the District of Oregon after post-trial briefing closed last Wednesday in the first federal trial to test the constitutionality of a state packaging EPR law—National Association of Wholesaler-Distributors v. Oregon Department of Environmental Quality. No less than 16 parties filed amicus curiae briefs on behalf of industry trade associations, environmental non-profits, and the City of Portland, reflecting widespread national interest. Producers around the country now eagerly await a decision by Judge Michael H. Simon as to the constitutionality of Oregon’s law. We read the trial transcripts, and we reviewed the briefs.
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