WASHINGTON, D.C. (Jan. 27, 2026) – NFIB filed an amicus brief in the case National Association of Wholesaler-Distributors v. Leah Feldon, et al. at the U.S. District Court for the District of Oregon challenging Oregon’s Extended Producer Responsibility (“EPR”) law. NFIB’s brief argues that Oregon’s EPR law does not merely regulate waste disposal in the state—instead, it imposes regulatory burdens on out-of-state producers.

“Oregon’s EPR regime goes beyond the authority granted to states in the Constitution by attempting to regulate businesses outside of Oregon,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “Allowing one state to impose significant burdens on producers outside of its borders will negatively impact any small business that does commerce in the region, both by increasing compliance costs for those businesses and by interfering with interstate commerce.”

NFIB’s brief argues three main points: 1) Oregon’s EPR statute is an unconstitutional extraterritorial regulation, as it attempts to regulate producers outside of the state; 2) Oregon’s EPR regime would not survive scrutiny under the Supreme Court’s decision in Pike v. Bruce Church, Inc., and 3) Oregon’s delegation of coercive regulatory authority to a private entity magnifies the statute’s negative effects.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.