Bergeson & Campbell’s daily coverage of the first U.S. constitutional challenge to extended producer responsibility (EPR) legislation signals potential shifts in producer liability and recycling obligations
Executive summary: Bergeson & Campbell launched a daily coverage service of the bench trial NAW v. Feldon, the first U.S. constitutional challenge to state extended producer responsibility (EPR) legislation. The trial’s outcome could determine the legal viability of state EPR laws, affecting producer liability, recycling obligations, and potential regulatory changes nationwide.
Who is involved: Plaintiff National Association of Waste (NAW), defendant Feldon, law firm Bergeson & Campbell, and indirectly state regulators and producers subject to EPR.
Likely next: The court will issue a ruling; depending on the decision, states may defend, amend, or repeal EPR statutes, and companies may adjust compliance strategies.
Bergeson & Campbell, P.C. announced it is providing daily analysis of the bench trial NAW v. Feldon, which represents the first constitutional test of state‑level extended producer responsibility laws in the United States. The case centers on whether such EPR statutes comply with the dormant Commerce Clause, a question that could affect the validity of similar laws in other states. A ruling either upholding or striking down the legislation would have direct implications for producers’ compliance costs, recycling infrastructure demands, and future state policy debates on producer responsibility.
Timeline
- — Bergeson & Campbell, P.C. Is Providing Daily Analysis of NAW v. Feldon Bench Trial (PR Newswire)
Analysis — what this means
Sectors affected
- Extended producer responsibility (EPR) legislation
- Packaging industry
- Recycling sector
Regulatory implications
- May test whether state EPR laws violate the dormant Commerce Clause
- Could prompt federal consideration of uniform EPR standards