Oregon recycling law faces constitutional challenge

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A federal judge has issued a preliminary injunction against parts of Oregon's new recycling law, which requires certain producers to pay into a program to improve the state's recycling infrastructure. More than a dozen Oregon trade groups have called for the entire program to be put on hold as the law faces a trial on constitutional issues.

Why it matters

Oregon's recycling law is seen as a model for other states looking to improve their recycling systems, but the legal challenge could undermine the law's implementation and impact. The outcome of the trial could have broader implications for producer responsibility laws across the country.

The details

The preliminary injunction applies to parts of the law that require certain producers to pay into a new recycling program. The trade groups argue the law violates the U.S. Constitution's Commerce Clause by discriminating against out-of-state businesses. They are seeking to have the entire program halted while the constitutional issues are litigated.

• On February 10, 2026, a federal judge granted a preliminary injunction against parts of Oregon's recycling law.
• The trade groups are seeking to have the entire program put on hold as the law faces a trial on constitutional issues.

What they’re saying

What’s next

The constitutional challenge to Oregon's recycling law will now proceed to trial, where the court will determine whether the law violates the Commerce Clause of the U.S. Constitution.