AF&PA Vows Further Action After Court Rejects Challenge to Oregon Recycling Law

SEATTLE (Scrap Monster): The American Forest & Paper Association (AF&PA) has expressed disappointment after a federal court denied its motion to join a legal challenge against Oregon’s Recycling Modernization Act (RMA). The ruling prevents AF&PA and several allied industry groups from intervening in an ongoing lawsuit led by the National Association of Wholesaler-Distributors (NAW).

The lawsuit challenges the state’s extended producer responsibility (EPR) framework under the RMA, which came into effect on July 1, 2025.

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In an April 1 decision, U.S. District Judge Michael H. Simon cited timeliness concerns, noting that the case is already in expedited discovery ahead of a July 13 trial in Portland. The inclusion of additional parties, the court said, could delay proceedings and expand the scope of litigation.

AF&PA President and CEO Heidi Brock stated that the organization remains committed to pursuing alternative legal avenues. She argued that the RMA imposes excessive compliance costs and reporting burdens on paper manufacturers without delivering meaningful recycling improvements.

Despite the setback, AF&PA retains the option to file a separate lawsuit, while NAW’s preliminary injunction continues to shield its members from enforcement pending trial.