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U.S. District Judge Michael Simon Upholds Oregon's Recycling Law Against Constitutional Challenges

U.S. District Judge Michael Simon ruled that Oregon’s Plastic Pollution and Recycling Modernization Act does not violate the U.S. Constitution, siding with the state's new recycling system. The law, which shifts recycling costs from governments to producers, was challenged by the National Association of Wholesaler-Distributors, which argued the system was unconstitutional and discriminatory against out-of-state businesses. Judge Michael Simon found no evidence that the law violated the dormant Commerce Clause or was clearly excessive in its fees. He noted that Oregon is a pioneer in waste prevention and that the law allows the state to exercise its police powers to protect the health and safety of its citizenry. The ruling lifts a preliminary injunction, allowing the state to continue implementing the program. While the National Association of Wholesaler-Distributors expressed disappointment with the outcome, the association is considering its next steps and may appeal the decision to the U.S. Court of Appeals for the Ninth Circuit. The decision provides a significant legal precedent for similar recycling laws in California and Colorado.

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