As California’s EPR landscape grows more complex, a knowledge gap may already be forming across the industry. Misinformation about who is covered by the Oregon injunction has spread through the sector. The industry is confused about EPR lawsuits and temporary injunctions, and that’s a communications problem, said Heath Nettles, deputy director of National Stewardship Action Council.
Nettles indicated a significant portion of the industry still mistakenly believes the Oregon injunction applies broadly, when it only covers members of the National Association of Wholesaler-Distributors (NAW). In the meantime, organizations continue to file their own preliminary injunctions independently. The American Forest & Paper Association filed a request for a temporary injunction on Oregon’s Recycling Modernization Act shortly after the NAW ruling.
A federal judge ruled against the AF&PA’s request for injunction on April 1, along with interventions requested from Oregon Business and Industry, Northwest Grocery Retail Association and Food Northwest, saying that “the addition of a new party…will necessarily expand the scope of the case,” which would either prejudice DEQ’s ability to litigate on the current timeline “or require the Court to move the trial date.”
Furthermore, a ruling on April 6 also clarified who the injunction covers, stating the protection extends only to NAW members that joined prior to February 6, 2026.
The Oregon DEQ’s brief lag in responding to the initial NAW press release led to initial reports of an industry-wide injunction. Nettles called it a case study in why proactive messaging is crucial, and why even a reactive course of action requires preparation. On the legislative front, Nettles is urging restraint. Rather than advancing more policy, he says existing EPR frameworks like California’s SB 54 and SB 707 need room to prove themselves effective.
“Sometimes the most appropriate action isn’t passing a bill,” he said. “When SB 54 is operational, it’s going to be the largest extended producer responsibility program in the world. So, let’s give that a chance to work before we test the limits by bringing others on board,” Nettles said.
He pointed to end markets, not feedstock supply, as the missing piece. Without solving demand for recycled materials, particularly PET, adding more supply-side legislation only compounds implementation challenges.
On harmonization, Nettles was equally direct. Standardization of material acceptance, labeling and program consistency should be shaped by the states and industry stakeholders doing the work, not handed down through a DOJ ruling or executive order.
“I would not want to see the Department of Justice or an executive order at the national level ultimately be the deciding factor,” he said. “Let those who know the work and do the work every day best do that. I think that’s the true free market system and free enterprise.”
This story was updated at 4:32 pm ET on April 7 with information about a federal judge’s rulings.
