The federal judge disagreed with plaintiff National Association of Wholesaler-Distributors’ claims, saying Oregon showed “innovative leadership” with its EPR law.

In the 71-page ruling issued late Thursday, Simon said Oregon has been a “pioneer in waste prevention, reuse, and recycling legislation” for more than 50 years, and that the state’s EPR law shows “innovative leadership” in its design to shift end-of-life product and recycling costs away from governments and onto producers.

Simon made the decision based on evidence presented in the U.S. District Court for the District of Oregon during a five-day bench trial that ended July 17. The outcome has been widely awaited as an indicator of whether legal challenges to packaging EPR will work.

He said that EPR laws are intended to ensure that prices charged for products reflect any “hidden or unintended costs, rather than force third parties to deal with the total cost of placing a product into the stream of commerce.” 

Oregon EPR law doesn’t violate Constitution, judge rules | Packaging Dive