Oregon’s Extended Producer Responsibility Law: A Constitutional Challenge with Potential National Implications

Earth Day’s theme this year—Our Power, Our Planet—asks us to consider where environmental power resides and how it is exercised. Oregon’s Plastic Pollution and Recycling Modernization Act is an example of that question in action. Enacted in 2021, the Act represents an assertion of state environmental authority in a space that the federal government has not yet regulated—extended producer responsibility (“EPR”) for consumer packaging and related products.... By: Jenner & Block