Oregon EPR is live: status and 2027 rates

Alexander BenderskiProducer Ledger · retrieved dates in Sources below

Of the three states Producer Ledger tracks, Oregon is the one where “we’ll deal with it next year” stopped working first. The program has been live since July 1, 2025. Annual supply reporting and fees are current duties, not planning exercises.

Then in August 2026 the federal court removed the last reason to wait.

What changed

On August 27, 2026, Judge Michael H. Simon issued findings of fact and conclusions of law in National Association of Wholesaler-Distributors v. Feldon, No. 3:25-cv-01334-SI, rejecting the constitutional challenge to Oregon’s Recycling Modernization Act after a bench trial. Trade coverage called it the first time a federal trial court upheld a state packaging EPR statute against a full constitutional challenge.

Practical effect: the earlier preliminary injunction is dissolved. The program moves forward. Treat the ruling as a district-court judgment and keep watching for appeal activity — but do not treat the law as paused.

Where things stand

  • Fees are live. Producers have been paying into CAA since July 2025. The 2026 fee schedule (about 60 material categories, posted to the producer portal October 29, 2025) is the schedule estimates run against right now.
  • 2027 rates are expected in October 2026. Until CAA posts them, any 2027 number is a forecast, not a quote.
  • Reporting runs on data years. Oregon’s 2026 report, due May 31, 2026, rested on 2025 supply data. Expect the same shape next cycle, and reconfirm the calendar per report type.
  • Status lists are point-in-time. DEQ published its first quarterly producer status list on April 9, 2026, flagging about 250 companies. A listing describes an alleged procedural gap at a date, not an adjudicated offense. Verify the newest list before acting on any name, including your own.

The small-producer screen, stated plainly

Under 1 metric ton of covered product into Oregon, or under $5M in global gross revenue, subject to associated-producer rules. Metric ton means metric ton. Do not carry Colorado’s short ton across the border.

What to do this month

  1. Confirm your entity’s registration and reporting standing with CAA and DEQ directly. Not with a blog post. Not with a vendor email.
  2. Pull 2025 Oregon supply by category if you have not already — units by destination state, by channel, with the source file named.
  3. Run the small-producer screen with evidence, and write down who owns the determination: you or your counsel.
  4. Do not build 2027 budgets off 2026 rates silently. Label every forward number with the schedule version it came from.

Questions regarding statutory producer identity, corporate exemptions, or the ongoing legal implications of the NAW v. Feldon litigation should be reviewed with your legal counsel. Producer Ledger supports your compliance process by assembling a verifiable packaging inventory, mapping each component to Oregon’s administrative categories with citations, and calculating estimates based on official published schedules.

Sources (primary)

Further reading (secondary, verify before citing)

Data/compliance support only — not legal advice. Recheck CAA Oregon and the DEQ producer page before relying; watch for appeal activity in NAW v. Feldon. To request a fit check: alex@producerledger.com.

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