In a matter of significant industry importance, Sidley’s Regulatory Litigation practice is representing the National Association of Wholesaler-Distributors (NAW) in its lawsuit challenging Oregon’s “extended producer responsibility” program. Oregon’s first-of-its-kind program burdens wholesale distributors with responsibility for the entirety of a product’s lifecycle, even when they have no control over what packaging is used by the manufacturer or how products are handled post-distribution.
This scheme, Sidley’s Complaint explains, presents a nationwide threat to the viability of the wholesale distribution industry and unfairly discriminates against out-of-state producers. Specifically, NAW alleges that the Plastic Pollution and Recycling Modernization Act imposes excessive burdens on interstate commerce, and imposes extraterritorial effects by effectively forcing businesses outside Oregon to comply with Oregon-specific standards, as well as gives the state unconstitutionally delegated lawmaking and enforcement authority to a private third party without adequate legislative guidance and due process.
The Sidley team representing NAW is being led David Carpenter (Los Angeles) and Gordon Todd (Washington, D.C.), the co-leaders of the firm’s Regulatory Litigation practice.
