Skip to content
Specialized Packaging Market Intelligence and Strategic AdvisoryPackaging Intelligence. Clearer Decisions. Stronger Growth.

SPI NewsUnited States · Packaging EPR

NAW asks the court to pause Oregon EPR duties for its members before CAA's January 2027 invoices. The Ninth Circuit sets briefs for 17 December

The National Association of Wholesaler-Distributors wants Oregon’s packaging EPR law paused for its members while it appeals; CAA bills 50% of 2027 fees in January, and NAW’s opening brief is due on 17 December 2026.

By the SPI teamPublished 15 min read

January invoices land between the opening brief on 17 December and the answering brief on 18 January, before any Ninth Circuit argument
  • past
  • event
  • next
January invoices land between the opening brief on 17 December and the answering brief on 18 January, before any Ninth Circuit argument10 dated items from 6 Feb 2026 to 1 Jul 2027.202620272028Today6 Feb 2026: District court grants NAW members a preliminary injunction27 Aug 2026: District court findings uphold the Recycling Modernization Act24 Sep 2026: NAW announces its notice of appeal30 Sep 2026: Ninth Circuit opens case 26-64041 Oct 2026: CAA publishes the 2027 Oregon fee schedule17 Oct 2026: NAW releases news of its stay motion17 Dec 2026: NAW opening brief due1 Jan 2027: First of two 2027 CAA invoices, January18 Jan 2027: Oregon answering brief due1 Jul 2027: Second of two 2027 CAA invoices, JulyJanuary invoices land between the opening brief on 17 December and the answering brief on 18 January, before any Ninth Circuit argument10 dated items from 6 Feb 2026 to 1 Jul 2027.202620272028Today6 Feb 2026: District court grants NAW members a preliminary injunction27 Aug 2026: District court findings uphold the Recycling Modernization Act24 Sep 2026: NAW announces its notice of appeal30 Sep 2026: Ninth Circuit opens case 26-64041 Oct 2026: CAA publishes the 2027 Oregon fee schedule17 Oct 2026: NAW releases news of its stay motion17 Dec 2026: NAW opening brief due1 Jan 2027: First of two 2027 CAA invoices, January18 Jan 2027: Oregon answering brief due1 Jul 2027: Second of two 2027 CAA invoices, July
  1. District court grants NAW members a preliminary injunctionpast
  2. District court findings uphold the Recycling Modernization Actpast
  3. NAW announces its notice of appealpast
  4. Ninth Circuit opens case 26-6404past
  5. CAA publishes the 2027 Oregon fee schedulepast
  6. NAW releases news of its stay motionevent
  7. NAW opening brief duenext
  8. First of two 2027 CAA invoices, Januarynext
  9. Oregon answering brief duenext
  10. Second of two 2027 CAA invoices, Julynext

Source: District court order, 6 Feb 2026; findings, 27 Aug 2026; NAW releases of 24 Sep and 17 Oct 2026; Ninth Circuit docket 26-6404; CAA 2027 Oregon Fee Schedule, checked 14 Oct 2026.

Show the data
January invoices land between the opening brief on 17 December and the answering brief on 18 January, before any Ninth Circuit argument
DateLabelCategoryLink
2026-02-06District court grants NAW members a preliminary injunctionpasthttps://storage.courtlistener.com/recap/gov.uscourts.ord.187955/gov.uscourts.ord.187955.88.0_2.pdf
2026-08-27District court findings uphold the Recycling Modernization Actpasthttps://www.leagle.com/decision/infdco20260828q25
2026-09-24NAW announces its notice of appealpasthttps://www.naw.org/naw-appeals-oregon-epr-ruling-ninth-circuit/
2026-09-30Ninth Circuit opens case 26-6404pasthttps://dockets.justia.com/docket/circuit-courts/ca9/26-6404
2026-10-01CAA publishes the 2027 Oregon fee schedulepasthttps://circularactionalliance.org/s/OR-2027FeeSchedule_100126.pdf
2026-10-17NAW releases news of its stay motioneventhttps://www.naw.org/naw-seeks-stay-oregon-epr-appeal/
2026-12-17NAW opening brief duenexthttps://dockets.justia.com/docket/circuit-courts/ca9/26-6404
2027-01-01First of two 2027 CAA invoices, Januarynexthttps://circularactionalliance.org/s/OR-2027FeeSchedule_100126.pdf
2027-01-18Oregon answering brief duenexthttps://dockets.justia.com/docket/circuit-courts/ca9/26-6404
2027-07-01Second of two 2027 CAA invoices, Julynexthttps://circularactionalliance.org/s/OR-2027FeeSchedule_100126.pdf

Key takeaways

  • NAW said on 17 October 2026 that it has asked the District of Oregon to stay its judgment in NAW v. Feldon, Case No. 3:25-cv-01334-SI, while its Ninth Circuit appeal is pending.
  • The Ninth Circuit opened appeal 26-6404 on 30 September 2026, with NAW’s opening brief due on 17 December 2026 and the answering brief due on 18 January 2027, the court’s schedule notice shows.
  • CAA’s 2027 Oregon fee schedule, first published on 1 October 2026, says producers will receive two invoices for 2027: 50% in January and 50% in July.
  • Oregon DEQ said on 28 August 2026 that the district court had ruled the Recycling Modernization Act constitutional under the dormant Commerce Clause and the Due Process Clause.
  • SPI analysis: whatever the court decides on the stay, budgets for producers outside NAW are not affected by the motion, because NAW asks for relief for its own members only.
Half of 2027 Oregon fees are invoiced in January, NAW's opening brief is due on 17 December, and CAA returns about $80 million in reserves through 2027 rates

50%

Share of 2027 fees invoiced in January

second 50% in July 2027

CAA fee schedule

17 Dec 2026

NAW opening brief due

answering brief due 18 Jan 2027

Ninth Circuit schedule notice

about $80 million

Reserves returned through 2027 rates

USD, as stated by CAA

CAA fee schedule

Source: CAA, 2027 Oregon Fee Schedule, 1 Oct 2026; Ninth Circuit docket 26-6404, checked 13 Oct 2026.

The National Association of Wholesaler-Distributors (NAW) said on 17 October 2026 that it has asked the US District Court for the District of Oregon to stay its judgment in NAW v. Feldon for NAW members while NAW’s Ninth Circuit appeal proceeds.

The timing is about money. Circular Action Alliance (CAA), Oregon’s producer responsibility organisation (PRO), says in its 2027 Oregon fee schedule that producers will receive two invoices for 2027, 50% in January and 50% in July. NAW’s release says the January invoices arrive months before the Ninth Circuit is expected to hear argument, and the court’s briefing schedule does not close until the answering brief on 18 January 2027.

For finance teams at distributors, importers and brand owners selling into Oregon, the motion does not change what CAA has scheduled. Until the district court rules, the 2027 fee schedule published on 1 October 2026 stands, and the August judgment upholding the law stands with it. SPI has not yet confirmed the filing date of the motion on the court docket.

How the Oregon case reached this point

Oregon’s Plastic Pollution and Recycling Modernization Act makes producers of packaging, printing and writing paper and food serviceware fund much of the state’s residential recycling system through a PRO. DEQ’s Producers of Covered Products page says covered producers must register with an approved PRO, that CAA could begin charging fees on 1 July 2025, and that failing to join a PRO is a Class 1 violation with fines of up to $25,000 a day.

Fees rest on reported tonnage. DEQ’s page says that from 31 May 2026, prior-year supply data are due to CAA by 31 May each year, and that fee payment deadlines are internal to CAA. CAA’s 2027 fee schedule says its rates reflect producer-reported supply data, projected programme costs and applicable regulatory requirements.

NAW, which describes itself as representing the $8.7 trillion US wholesale distribution industry, sued DEQ’s director in July 2025, according to its appeal release of 24 September. Its case argues that the law breaches the dormant Commerce Clause by charging distributors that do not control their packaging or its destination, and the Due Process Clause by handing fee setting to CAA, a private body.

The district court has ruled twice. On 6 February 2026, the district judge dismissed some claims and granted a preliminary injunction barring DEQ’s director from enforcing the Act against NAW and its members while the case proceeded. After a five-day trial in July, the court’s findings of 27 August went against NAW.

The money at stake for any one producer depends on materials. CAA’s 2027 schedule sets base rates in USD a pound that run from a credit of $0.03 on aluminium containers to $1.13 on expanded polystyrene containers.

The fee page shows where the money goes. CAA’s Oregon 2027 producer fees page forecasts that of every $1 in 2027 producer fees, 40 cents goes to processing at commingled recycling facilities, 37 cents to collection, 11 cents to education and outreach, 5 cents to DEQ’s regulatory costs and 7 cents to administration and other items. CAA presents this as a forecast allocation, not a fee rate.

The 2027 rates also carry a one-off reduction. CAA’s schedule says it is returning about $80 million in programme reserves to producers through lower 2027 rates. NAW’s appeal release, citing the court’s ruling, says CAA had collected $145.5 million from producers and spent $56.5 million, which NAW describes as almost $90 million in excess funds.

CAA's 2027 Oregon base rates run from a $0.03 a pound credit on aluminium containers to $1.13 a pound on foamed polystyrene containers Unit: USD per pound, 2027 base fee rate
CAA's 2027 Oregon base rates run from a $0.03 a pound credit on aluminium containers to $1.13 a pound on foamed polystyrene containers11 bars. Largest: Foamed polystyrene containers, 1.13.Foamed polystyrene containersFoamed polystyrene containers: 1.13 USD per pound, 2027 base fee rate1.13PET thermoformed containers, cups andtraysPET thermoformed containers, cups and trays: 0.57 USD per pound, 2027 base fee rate0.57HDPE and LDPE flexible and film itemsHDPE and LDPE flexible and film items: 0.29 USD per pound, 2027 base fee rate0.29PET bottles, jugs and jars, clear ornaturalPET bottles, jugs and jars, clear or natural: 0.28 USD per pound, 2027 base fee rate0.28Aseptic and gable-top cartonsAseptic and gable-top cartons: 0.17 USD per pound, 2027 base fee rate0.17HDPE bottles, clear or naturalHDPE bottles, clear or natural: 0.11 USD per pound, 2027 base fee rate0.11Steel containersSteel containers: 0.09 USD per pound, 2027 base fee rate0.09Corrugated cardboardCorrugated cardboard: 0.07 USD per pound, 2027 base fee rate0.07NewspapersNewspapers: 0.06 USD per pound, 2027 base fee rate0.06Glass bottles, jars and othercontainersGlass bottles, jars and other containers: 0.04 USD per pound, 2027 base fee rate0.04Aluminium containersAluminium containers: -0.03 USD per pound, 2027 base fee rate-0.03CAA's 2027 Oregon base rates run from a $0.03 a pound credit on aluminium containers to $1.13 a pound on foamed polystyrene containers11 bars. Largest: Foamed polystyrene containers, 1.13.Foamed polystyrene containersFoamed polystyrene containers: 1.13 USD per pound, 2027 base fee rate1.13PET thermoformed containers, cups and traysPET thermoformed containers, cups and trays: 0.57 USD per pound, 2027 base fee rate0.57HDPE and LDPE flexible and film itemsHDPE and LDPE flexible and film items: 0.29 USD per pound, 2027 base fee rate0.29PET bottles, jugs and jars, clear or naturalPET bottles, jugs and jars, clear or natural: 0.28 USD per pound, 2027 base fee rate0.28Aseptic and gable-top cartonsAseptic and gable-top cartons: 0.17 USD per pound, 2027 base fee rate0.17HDPE bottles, clear or naturalHDPE bottles, clear or natural: 0.11 USD per pound, 2027 base fee rate0.11Steel containersSteel containers: 0.09 USD per pound, 2027 base fee rate0.09Corrugated cardboardCorrugated cardboard: 0.07 USD per pound, 2027 base fee rate0.07NewspapersNewspapers: 0.06 USD per pound, 2027 base fee rate0.06Glass bottles, jars and other containersGlass bottles, jars and other containers: 0.04 USD per pound, 2027 base fee rate0.04Aluminium containersAluminium containers: -0.03 USD per pound, 2027 base fee rate-0.03

Source: CAA, 2027 Oregon Fee Schedule, originally published 1 Oct 2026, consulted, checked 22 Oct 2026.

Selected categories only, base rates before any adjustment. Aluminium containers carry a negative base rate. Category names shortened by SPI. Not a quote for any producer.

Show the data
CAA's 2027 Oregon base rates run from a $0.03 a pound credit on aluminium containers to $1.13 a pound on foamed polystyrene containers (USD per pound, 2027 base fee rate)
Material categoryBase fee rate (USD per pound, 2027 base fee rate)
Foamed polystyrene containers1.13
PET thermoformed containers, cups and trays0.57
HDPE and LDPE flexible and film items0.29
PET bottles, jugs and jars, clear or natural0.28
Aseptic and gable-top cartons0.17
HDPE bottles, clear or natural0.11
Steel containers0.09
Corrugated cardboard0.07
Newspapers0.06
Glass bottles, jars and other containers0.04
Aluminium containers-0.03

What changed between August and October

27 August: findings for the state. The district court issued Findings of Fact and Conclusions of Law in NAW v. Feldon, Case No. 3:25-cv-1334-SI, dated 27 August 2026, the decision record shows. DEQ’s release of 28 August said the court found the Act does not violate the dormant Commerce Clause or the Due Process Clause, so the state can keep implementing it.

28 August: NAW responds. NAW’s statement of 28 August said it disagreed with the decision and was reviewing next steps. It said members had received invoices months after their sales, at rates they could not predict, and that it would keep challenging similar laws in California and Colorado.

Late August: the injunction question. Holland & Knight, in a client note of 31 August, reported that judgment for the state was entered on 28 August 2026 and that it dissolved the February injunction, as reported by that firm and not confirmed in an official source. NAW’s own release of 17 October describes the stay as a way to restore the protection members had since February.

24 September: the appeal. NAW said on 24 September 2026 that it had filed a notice of appeal with the Ninth Circuit against the 27 August decision. Its release says the district court found few material facts in dispute and that the Ninth Circuit reviews questions of law without deference to the lower court.

30 September: the schedule. The Ninth Circuit docket for case 26-6404 shows the case opened at 1:57 p.m. on 30 September 2026 and a schedule notice followed at 2:04 p.m. It sets the opening brief for 17 December 2026 and the answering brief for 18 January 2027, and warns that the appeal will be dismissed if the schedule is not followed.

1 October: CAA’s 2027 rates. CAA’s 2027 Oregon schedule says it was originally published on 1 October 2026. It splits 2027 billing into two invoices, 50% in January and 50% in July, and says CAA is returning about $80 million in programme reserves to producers through reduced rates, together with $3 million in previously collected fees.

17 October: the stay motion. NAW’s release of 17 October, headlined “NAW Asks Court to Pause Oregon EPR Fees for Members While Ninth Circuit Hears Appeal”, says NAW asked the district court to stay its judgment while the appeal is pending. SPI has not yet confirmed the filing date: the district docket page on Justia was last updated on 27 August, and its latest entry is from January 20263. The release’s subheading says the motion seeks to keep members’ protection in place before new invoices arrive in January 2027.

21 October: CAA explains its rates. CAA’s fee page and events listing show a webinar titled “Understanding Producer Fee-Setting” on 21 October 2026, covering how programme costs are built, allocated across materials and used to calculate producer fees10. The session was scheduled four days after NAW’s release; SPI has not yet confirmed what was said at it.

“A stay keeps our members where they’ve been since February and gives the appeals court room to do its job.”

National Association of Wholesaler-Distributors, President and CEO, press release, 17 October 2026

The case has moved quickly by court standards. By SPI’s calculation, 202 days ran from the injunction to the findings, 28 days from the findings to NAW’s appeal release, and 61 days separate the stay release from the opening brief deadline.

By SPI's calculation, 61 days separate NAW's stay release from its opening brief, and 32 more run to Oregon's answering brief Unit: days between steps
By SPI's calculation, 61 days separate NAW's stay release from its opening brief, and 32 more run to Oregon's answering brief6 bars. Largest: Injunction 6 Feb to findings 27 Aug, 202.Injunction 6 Feb to findings 27 AugInjunction 6 Feb to findings 27 Aug: 202 days between steps202Stay release to opening brief 17 DecStay release to opening brief 17 Dec: 61 days between steps61Opening brief to answering brief 18JanOpening brief to answering brief 18 Jan: 32 days between steps32Findings to appeal release 24 SepFindings to appeal release 24 Sep: 28 days between steps28Case opened to stay release 17 OctCase opened to stay release 17 Oct: 17 days between steps17Appeal release to Ninth Circuit caseopened 30 SepAppeal release to Ninth Circuit case opened 30 Sep: 6 days between steps6By SPI's calculation, 61 days separate NAW's stay release from its opening brief, and 32 more run to Oregon's answering brief6 bars. Largest: Injunction 6 Feb to findings 27 Aug, 202.Injunction 6 Feb to findings 27 AugInjunction 6 Feb to findings 27 Aug: 202 days between steps202Stay release to opening brief 17 DecStay release to opening brief 17 Dec: 61 days between steps61Opening brief to answering brief 18 JanOpening brief to answering brief 18 Jan: 32 days between steps32Findings to appeal release 24 SepFindings to appeal release 24 Sep: 28 days between steps28Case opened to stay release 17 OctCase opened to stay release 17 Oct: 17 days between steps17Appeal release to Ninth Circuit case opened 30 SepAppeal release to Ninth Circuit case opened 30 Sep: 6 days between steps6

Source: SPI calculation from the district court order of 6 Feb 2026, findings of 27 Aug 2026, NAW releases of 24 Sep and 17 Oct 2026, and Ninth Circuit docket 26-6404, checked 31 Oct 2026.

Calendar days between dated steps. The 24 September step is NAW's release date for its notice of appeal; the 17 October step is NAW's release date, not a confirmed docket date.

Show the data
By SPI's calculation, 61 days separate NAW's stay release from its opening brief, and 32 more run to Oregon's answering brief (days between steps)
StepDays (days between steps)
Injunction 6 Feb to findings 27 Aug202
Stay release to opening brief 17 Dec61
Opening brief to answering brief 18 Jan32
Findings to appeal release 24 Sep28
Case opened to stay release 17 Oct17
Appeal release to Ninth Circuit case opened 30 Sep6

What the court record shows so far

The table sets out the dated steps in the record, with the document each one comes from. The motion itself is not yet on any docket page SPI has read, so its contents are reported here as NAW describes them.

Two courts, two case numbers and one open question: when the district court will rule on the stay
StepCourt and numberDateWhat the source says
Preliminary injunctionD. Or., 3:25-cv-01334-SI6 Feb 2026Bars DEQ's director from enforcing the Act against NAW and its members while the case proceeds
TrialD. Or., 3:25-cv-01334-SIJuly 2026Five-day trial, DEQ release says
Findings of fact and conclusions of lawD. Or., 3:25-cv-1334-SI27 Aug 2026Act upheld under the dormant Commerce Clause and Due Process Clause, DEQ says
Notice of appealD. Or. to Ninth Circuitrelease dated 24 Sep 2026NAW appeals the 27 August decision
Appeal openedNinth Circuit, 26-640430 Sep 2026Case opened from district case 3:25-cv-01334-SI
Corporate disclosure statementsNinth Circuit, 26-6404due 14 Oct 2026Due from both sides
TranscriptNinth Circuit, 26-6404due 9 Nov 2026Appellant's transcript due
Opening briefNinth Circuit, 26-6404due 17 Dec 2026Due from NAW
Answering briefNinth Circuit, 26-6404due 18 Jan 2027Due from DEQ's director
Motion for stay pending appealD. Or., 3:25-cv-01334-SIrelease dated 17 Oct 2026Asks for a stay of the judgment for NAW members; filing date not yet confirmed

Source: District court order, 6 Feb 2026; findings, 27 Aug 2026; DEQ release, 28 Aug 2026; NAW releases, 24 Sep and 17 Oct 2026; Ninth Circuit docket 26-6404, consulted, checked 31 Oct 2026.

Reporting of the record, not legal advice. Dates are as stated in each source; the stay motion's docket date is not yet confirmed.

The February order. The order of 6 February 2026 dismissed without prejudice the claims against four members of the Oregon Environmental Quality Commission, along with the Oregon constitutional, unconstitutional conditions and equal protection claims. It kept the dormant Commerce Clause and Fourteenth Amendment due process claims, gave leave to replead by 20 February 2026, and granted the injunction for NAW and its members4.

The parties. The Ninth Circuit docket lists the appellee as the director of the Oregon Department of Environmental Quality, sued in her official capacity, and gives the nature of suit as constitutionality of state statutes2. CAA is not a party, its February update said.

The request. NAW’s release says a stay would restore the protection members had since February 2026, when the court preliminarily enjoined enforcement of the Act. It argues that the court’s February finding that members faced irreparable harm from a double bind still holds, and that nothing about it has changed.

The double bind, in NAW’s words. The release says members who pay CAA’s January invoices may not recover the money if the Act is later held unconstitutional. It says members who do not pay could face compounding late fees and possible DEQ enforcement.

The state’s side. DEQ’s release of 28 August said the ruling followed a five-day trial in July 2026 at which DEQ and NAW presented arguments and evidence. SPI has not yet confirmed a filed response from DEQ to the stay motion.

The briefing clock. The schedule notice of 30 September sets a mediation questionnaire for 5 October, a transcript order for 8 October, disclosure statements for 14 October and the transcript for 9 November, before the two main briefs. NAW’s release does not give a date for oral argument, and the docket shows none.

What the appeal argues. NAW’s 24 September release says it will argue that DEQ expected producers to pass costs to customers in other states, and that CAA uses a fee method it calls confidential, with fee disputes sent to binding arbitration. NAW says the court’s ruling cited CAA collecting $145.5 million from producers and spending $56.5 million.

Industry reaction

“Oregon’s program continued to operate without disruption under the previous injunction, showing the state won’t be harmed from a stay.”

National Association of Wholesaler-Distributors, Director of Litigation and Legal Policy, press release, 17 October 2026

The same release says the court found serious questions under both clauses when it granted the February injunction, and that NAW wants the Ninth Circuit to rule on them before members pay.

“The district court reached the wrong legal conclusions, and we’re asking the Ninth Circuit to correct them.”

National Association of Wholesaler-Distributors, President and CEO, press release on the appeal, 24 September 2026

NAW’s appeal release adds that its Chief Government Relations Officer sees distributors facing a choice between absorbing fees, passing costs on, or no longer selling into EPR states.

“we’re pleased that the court has recognized the state’s authority to move forward with a modern recycling system that works for Oregonians”

Oregon Department of Environmental Quality, Administrator of Land Quality Programs, press release, 28 August 2026

DEQ’s release describes how producers pay fees that help cover the costs their materials impose on Oregon’s recycling system, collected by a nonprofit PRO under DEQ oversight.

“The injunction is narrow and applies exclusively to NAW and its members.”

Circular Action Alliance, Oregon’s PRO, programme update on the February ruling, 10 February 2026

CAA’s February update told producers to keep registering, reporting and paying as usual, said it expected no delays to payments to service providers, and advised each company to consult its own counsel.

NAW’s statement of 28 August went further on fees. It said Oregon’s regulator testified under oath that it had never seen CAA’s fee calculation algorithm and could not reconstruct the calculations, which is NAW’s account of the trial record.

The pattern of statements is consistent across the year. NAW has framed each step as a member-protection question, while DEQ and CAA have stressed that the programme continued to run. SPI has not yet confirmed published statements on the stay motion from DEQ, CAA or other trade bodies.

Who is exposed to the January invoices

NAW members. They are the only group the motion covers. NAW’s release says a stay would put members back where they stood under the February injunction. NAW does not publish a member count in the release, and SPI has not yet confirmed how many CAA registrants are NAW members.

The registry. CAA’s Oregon page links to a searchable registry of all Oregon producer members, updated on 22 September 2026, and to its 2025 annual report, updated on 7 July 2026. The registry is the place to check whether each trading entity is listed.

Other registered producers. Producers outside NAW were never covered by the February injunction, CAA’s update said, and the motion does not seek relief for them. For them, the 2027 schedule applies as published: half the annual fee invoiced in January and half in July.

Producers out of compliance. CAA’s Q2 2026 producer status report, corrected on 13 October 2026, lists 194 producers as not compliant at 4 September 2026, after CAA notice and a DEQ warning letter. Three of them had information under DEQ review.

Low-volume producers. CAA’s schedule offers an optional flat rate for producers supplying 10 tons or less, with annual dues tiered from $700 to $3,100. For these firms, the January invoice is a known figure rather than a tonnage calculation.

Foam and plastic-heavy portfolios. At $1.13 a pound for foamed polystyrene containers and $0.57 a pound for PET thermoforms, CAA’s 2027 base rates fall hardest on rigid plastic food packaging. Aluminium containers carry a base credit of $0.03 a pound.

Glass producers. CAA’s 2027 base rate for glass bottles and jars is $0.04 a pound. SPI’s report on Oregon’s rulemaking 3 noted DEQ’s statement that glass producers paid $0.10 a pound in 2026. The two figures are on different bases: CAA’s 2026 Oregon schedule gives 10.0 cents a pound as the final rate, while the 2027 $0.04 is the base rate before reserve drawdowns, which take the 2027 final glass rate to $0.00.

Service providers. CAA’s fee page says 88 cents of every $1 of 2027 producer fees goes to collection, processing and education. Processing takes 40 cents and local government service expansion 26 cents, so January receipts fund councils and sorting facilities directly.

NAW members are the only group the stay would cover, while 194 non-compliant producers and every other registrant face the schedule as published
GroupExposureFigureSource
NAW membersCovered by the requested stayMember count not statedNAW release
All registered producersShare of 2027 fees invoiced in January50%CAA fee schedule
Non-compliant producersListed after CAA notice and DEQ warning letter194 at 4 Sep 2026CAA status report
Low-volume producers, 10 tons or lessOptional flat annual dues$700 to $3,100CAA fee schedule
Foamed polystyrene containers2027 base rate$1.13 a poundCAA fee schedule
Glass bottles and jars2027 base rate$0.04 a poundCAA fee schedule
Local government service expansionShare of each 2027 fee dollar26 centsCAA fee page

Source: NAW release, 17 Oct 2026; CAA 2027 Oregon Fee Schedule, 1 Oct 2026; CAA Oregon 2027 producer fees page; CAA Q2 2026 Producer Status Report, corrected 13 Oct 2026; CAA update, checked 13 Oct 2026.

Figures differ in unit and scope: counts, USD per pound and USD per year. Do not add them up or rank them. USD only.

The pinch point between the briefs and the invoices

The calendar is the constraint. By SPI’s calculation, 71 days separate this article from 1 January 2027, 56 days from NAW’s opening brief deadline and 88 days from Oregon’s answering brief deadline. CAA’s schedule says only that the first 2027 invoice arrives in January, without a day.

That puts the January invoice inside the briefing window, before any reply brief and before argument. NAW’s release says the Ninth Circuit is expected to hear argument months after the invoices go out, and the docket gives no argument date.

The invoice basis is set. DEQ’s producer page says prior-year supply data are due to CAA by 31 May each year, so the tonnage behind 2027 invoices was reported before the August ruling and before the appeal. The stay motion does not, on NAW’s description, ask the court to change any rate or report.

The district court decides the stay first. The release does not say whether NAW would ask the Ninth Circuit for a stay if the district court declines, and SPI has not yet confirmed any such filing.

A related case is waiting on the same appeal. Packaging Dive reported on 13 October that Lollicup USA and DEQ’s director jointly moved to stay Lollicup’s class action, which the same district judge oversees, until NAW’s appeal is resolved, as reported by that publisher and not confirmed in an official source.

Cash timing matters as much as the total. Because CAA splits 2027 billing 50% in January and 50% in July, the first invoice carries half of each producer’s annual Oregon fee, and it arrives in the same month as Oregon’s answering brief, due on 18 January.

SPI analysis

The motion turns a legal timetable into a budgeting question. A company that is a NAW member faces two outcomes on the January invoice, and a company that is not faces one, so the planning work is to know which group each Oregon-registered entity sits in.

How Oregon fits NAW's wider EPR litigation

NAW’s 17 October release says it is the sole business plaintiff in a 17-state coalition challenging California’s EPR law and has filed a separate challenge to Colorado’s EPR law, and that both cases are ongoing. NAW describes the California and Colorado cases only as ongoing, while the Oregon case has a judgment and an open appeal.

California’s programme is at the plan stage. SPI tracks it as PR-US-004 and covered CAA’s plan in CAA’s final SB 54 plan. Colorado’s programme is live: SPI’s tracker record PR-US-003 notes that CDPHE confirmed CAA’s plan approval in December 2025.

NAW’s 24 September release calls the July trial the first federal trial to test an EPR law’s constitutionality, and the February injunction the first time a court had blocked enforcement of a state EPR law.

Oregon is the furthest along of NAW's three EPR challenges, with a trial ruling and a Ninth Circuit schedule
StateNAW's roleCourt stageNext dated stepTracker record
PR-US-004CaliforniaCalifornia SB 54 packaging EPR and permanent regulations1 May 2026In force
PR-US-011CaliforniaCalifornia SB 343 recyclability labelling restrictions4 Oct 2026Adopted

Source: NAW releases of 24 Sep and 17 Oct 2026; Ninth Circuit docket 26-6404; CAA 2027 Oregon Fee Schedule; SPI Regulation Tracker records PR-US-002, PR-US-003 and PR-US-004, checked 14 Oct 2026.

Stages differ, so the states are not directly comparable. Status as NAW and the courts describe it. USD only; no figures are summed or ranked.

CAA is the PRO in all three states, which links the cases operationally. SPI’s tracker record PR-US-004 notes that CalRecycle says CAA submitted its California plan to the advisory board on 15 June 2026. In Colorado, CDPHE confirmed approval of CAA’s plan in December 2025, as tracker record PR-US-003 records.

The due process argument travels with CAA. NAW’s 24 September release frames its Oregon claim around fee setting by a private PRO with a fee method it calls confidential, and the same PRO sets fees in Colorado and is preparing California’s programme.

SPI analysis

For multi-state producers, Oregon’s appeal is the case to watch on timing, because its record is the furthest along. The California and Colorado challenges do not change any invoice date SPI has seen.

What it means for you

SPI analysis

These points are about business planning and follow from the sources above. They are not legal advice; questions about obligations, membership status or court filings belong with counsel.

  • Finance teams: budget for the January 2027 invoice at 50% of the annual 2027 Oregon fee, with the July invoice as the second half, as CAA’s schedule sets out.
  • Distributors and wholesalers: confirm whether each Oregon-registered entity is a NAW member, since only members are covered by the requested stay, and keep a scenario for both outcomes on the January invoice.
  • Brand owners: check registration and reporting status with CAA now; the 194 non-compliant producers on CAA’s September list show DEQ’s warning process is active.
  • Small producers: test whether the optional flat rate for 10 tons or less, at $700 to $3,100 a year, fits your 2027 volumes.
  • Packaging buyers: use CAA’s 2027 base rates, from $1.13 a pound for foamed polystyrene to a $0.03 credit for aluminium, in format decisions for 2027 lines.
  • Investors and lenders: ask portfolio companies which entities are NAW members and what Oregon fee accrual they carry for 2027.

Follow PR-US-002 and the other state records in the SPI Regulation Tracker for the United States, estimate exposure with the SPI EPR & Plastic Tax Calculator, and read the state overview in US state packaging EPR.

What to watch next

  • Late Oct to Dec 2026: the district court’s ruling on NAW’s stay motion; SPI has not yet confirmed a hearing date.
  • 9 Nov 2026: transcript due in Ninth Circuit case 26-6404.
  • 17 Dec 2026: NAW’s opening brief due.
  • Jan 2027: CAA sends the first 2027 invoice, for 50% of annual fees.
  • 18 Jan 2027: Oregon’s answering brief due.
  • Jul 2027: CAA sends the second 2027 invoice, for the remaining 50%.

FAQ

What has NAW asked the court to do?

NAW said on 17 October 2026 that it asked the District of Oregon to stay its judgment in NAW v. Feldon for NAW members while the Ninth Circuit appeal is pending. It says a stay would restore the protection members had from February 2026.

Does the motion pause Oregon EPR fees for everyone?

No. NAW asks for relief for its members only, and CAA said in February 2026 that the earlier injunction applied exclusively to NAW and its members. Other producers face the 2027 schedule as published.

When are CAA's 2027 Oregon invoices due?

CAA’s 2027 fee schedule, published on 1 October 2026, says producers will receive two invoices: 50% in January and 50% in July. It does not state payment due dates.

What are the Ninth Circuit dates?

Case 26-6404 opened on 30 September 2026. NAW’s opening brief is due on 17 December 2026 and the answering brief on 18 January 2027; no argument date is on the docket.

What did the district court decide in August?

The court issued findings on 27 August 2026 against NAW. DEQ said on 28 August that the court found the Act does not violate the dormant Commerce Clause or the Due Process Clause.

Sources

  1. National Association of Wholesaler-Distributors, NAW Asks Court to Pause Oregon EPR Fees for Members While Ninth Circuit Hears Appeal, 17 October 2026 (consulted 2026-10-22)
  2. US Court of Appeals for the Ninth Circuit, via Justia Dockets, National Association of Wholesaler-Distributors v. Feldon, No. 26-6404, opened 30 September 2026 (consulted 2026-10-22)
  3. US District Court for the District of Oregon, via Justia Dockets, National Association of Wholesaler-Distributors v. Feldon, No. 3:25-cv-01334, district docket page, last updated 27 August 2026 (consulted 2026-10-22)
  4. US District Court for the District of Oregon, via CourtListener, Order on motion to dismiss and motion for preliminary injunction, 6 February 2026 (consulted 2026-10-22)
  5. US District Court for the District of Oregon, via Leagle, NAW v. Feldon, Findings of Fact and Conclusions of Law, 27 August 2026 (consulted 2026-10-22)
  6. Oregon Department of Environmental Quality, Oregon recycling law upheld as constitutional, 28 August 2026 (consulted 2026-10-22)
  7. Oregon Department of Environmental Quality, Producers of Covered Products, undated page (consulted 2026-10-22)
  8. Circular Action Alliance, Oregon programme page, undated page (consulted 2026-10-22)
  9. Circular Action Alliance, 2027 Oregon Fee Schedule, originally published 1 October 2026 (consulted 2026-10-22)
  10. Circular Action Alliance, Oregon 2027 producer fees, undated page (consulted 2026-10-22)
  11. Circular Action Alliance, Oregon RMA Update: How CAA Is Moving Forward During the Preliminary Injunction, 10 February 2026 (consulted 2026-10-22)
  12. Circular Action Alliance, RMA Q2 2026 Producer Status Report, 4 September 2026, corrected 13 October 2026 (consulted 2026-10-22)
  13. National Association of Wholesaler-Distributors, NAW Appeals Oregon EPR Ruling to the Ninth Circuit, 24 September 2026 (consulted 2026-10-22)
  14. National Association of Wholesaler-Distributors, NAW Stands Firm Against Unconstitutional EPR Mandates Following Oregon Decision, 28 August 2026 (consulted 2026-10-22)

Secondary (context only)

  1. Holland & Knight, Federal court upholds Oregon’s EPR law in full after constitutional challenge, 31 August 2026 (consulted 2026-10-22)
  2. Packaging Dive, Lollicup USA’s Oregon EPR class action at bay after NAW appeal, 13 October 2026 (consulted 2026-10-22)

Go deeper

More from SPI News

All articles
  1. Europe · Consumer board and corrugated packaging

    Stora Enso lifted Q3 adjusted EBIT 28% to EUR 161 million on higher board deliveries as its forest demerger advanced

    Stora Enso's adjusted EBIT rose to EUR 161 million from EUR 126 million in the third quarter as containerboard deliveries rose 18%; an extraordinary general meeting on the Bergslagets Skogar demerger is…

    15 min read

  2. Canada · Ontario Blue Box

    Ontario weighs dropping flexible plastic from the Blue Box and would make PROs publish fees; comments close 26 November

    Ontario's ERO notice 026-1058 would give producers itemised PRO invoices and 90 days' notice of mid-year fee rises, and weighs exempting flexible plastic, which Environmental Defence puts at 80,000 tonnes; comments close…

    15 min read

  3. European Union · Heavy metals in packaging

    EU gives lead crystal bottles and flacons a final PPWR exemption. Manufacture ends in 2028, sales in 2029

    The Commission's delegated decision lets lead crystal packaging exceed the PPWR's 100 mg/kg heavy metal cap only until 31 December 2029, with manufacture ending on 31 December 2028; it applies from the…

    15 min read

ClosingAsk the SPI team

Ask the SPI team

What changes for your packaging next quarter?

Tell us your markets and materials. The SPI team walks you through the rules and buyer commitments that affect them.

Prefer email? Write to sales@strategicpackaginginsights.com.

Questions people bring
  1. Q1

    Which packaging rules apply to us in each market we sell in?

    We map each market's EPR, tax, ban, recycled-content, labelling and deposit rules against your materials and formats, and show which are in force, adopted or only proposed.

  2. Q2

    What could EPR fees and plastic taxes cost us next year?

    We apply published fee tables and tax rates to your tonnages and recycled content, and show the result as scenarios with every rate sourced.

  3. Q3

    Can you tell us when a rule changes?

    Yes. The free tracker alerts cover rule changes by country; a monitoring retainer adds monthly notes on what the changes mean for your portfolio.