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Articles | All Wrapped Up
All Wrapped Up: Extended Producer Responsibility for Packaging, Special Edition
September 1, 2026
Cynthia AM Stroman
Partner
Joseph A. Eisert
Partner
Jeanna Murphy
Senior Associate
Sydney Weiss
Associate
In this special edition of All Wrapped Up, we discuss MORE BREAKING NEWS in Oregon. The decision is now in. In the first federal trial to test the constitutionality of a state packaging EPR law, Judge Michael H. Simon upheld Oregon’s law in its entirety. He introduced his comprehensive, 71-page decision by boldly quoting former U.S. Supreme Court Justice Louis Brandeis for the proposition that: “It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” Plaintiffs have 30 days from August 27, 2026 to appeal.
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