Three major Oregon business groups are trying to grab a seat at the table in the court fight over the state’s sweeping new recycling law, asking a federal judge to let them join a lawsuit that has already partially stalled the program and is headed for a July trial.
Business groups file to intervene
Oregon Business & Industry, the Northwest Grocery Association and Food Northwest filed motions to intervene on March 16. The groups say they want to protect the interests of manufacturers, wholesalers and grocers that will be hit with new producer fees, as reported by the Portland Business Journal.
How the law works
The Plastic Pollution and Recycling Modernization Act requires producers of packaging, paper and food serviceware to help pay for recycling upgrades - an extended-producer-responsibility model the state describes as the first of its kind in the U.S. The program assigns a nonprofit producer responsibility organization to collect fees and distribute funds under state oversight, according to the Oregon Department of Environmental Quality.
Court pause and NAW's challenge
The National Association of Wholesaler-Distributors sued the state shortly after the program launched, arguing the law places unlawful burdens on interstate commerce and hands core regulatory powers to a private entity. A federal judge granted a narrow preliminary injunction on Feb. 6 that paused enforcement against NAW members and scheduled a trial beginning July 13, 2026, according to court filings. NAW's complaint and motions say the fee methodology is opaque and could threaten supply-chain businesses, per NAW's filings and statements.
Legal implications
The state says the act remains in effect and that the court dismissed multiple claims while pausing enforcement only for NAW members. "Oregon is known as a leader in recycling," DEQ administrator Jen Parrott said in a statement. The pause will remain in place until the judge resolves the remaining claims at trial.
Why the new filings matter
If the court allows intervention, the trade groups would gain the right to participate in discovery, advocate for their members and press legal arguments over fee setting and governance of the Circular Action Alliance. The motions were reported by the Portland Business Journal, and sets the pace previously covered DEQ's approval and the program launch that set this dispute in motion.
What to watch next
The district court will weigh the intervention requests and try the remaining claims in July. If intervenors are admitted, retailers and suppliers could be in the courtroom alongside NAW and the state. Regulators and stakeholders continue rulemaking and plan amendments while the legal fight plays out, and observers will be watching whether the court broadens the roster of parties allowed to defend or challenge the program.
