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NFIB Challenges Oregon’s EPR Law in Court

Date: WASHINGTON, D.C. (Jan. 27, 2026)

The National Federation of Independent Business (NFIB) recently filed an important amicus brief concerning the case National Association of Wholesaler-Distributors v. Leah Feldon, et al. This case is being heard in the U.S. District Court for the District of Oregon and challenges the constitutionality of Oregon’s Extended Producer Responsibility (EPR) law. The NFIB’s brief asserts that the law imposes undue regulatory burdens not just within Oregon, but also on businesses operating from outside the state.

Key Arguments Against Oregon’s EPR Law

According to Beth Milito, Vice President and Executive Director of NFIB’s Small Business legal Center, the ramifications of the EPR law extend far beyond simple waste disposal regulations. "Oregon’s EPR regime not only oversteps the authority granted by the U.S. Constitution, but it also aims to regulate businesses located outside Oregon’s borders," she stated. This has concerning implications for small businesses attempting to operate in the region.

Impact on Small Businesses

Milito further elaborated, "Allowing one state to impose significant regulatory burdens on producers from elsewhere will have a detrimental effect on any small business engaged in commerce in this area. This will not only escalate compliance costs but also heavily disrupt interstate commerce."

The NFIB’s amicus brief presents three primary legal arguments against the EPR law:

1. Unconstitutional Extraterritorial Regulation: The brief argues that Oregon’s EPR statute attempts to regulate producers beyond its borders, which violates constitutional guidelines.

2. Supreme Court Precedent: The NFIB contends that Oregon’s EPR regime would likely fail under the scrutiny of the Supreme Court’s ruling in Pike v. Bruce Church, Inc., which established critical parameters for state regulations affecting interstate commerce.

3. Delegation of Authority: The brief highlights that Oregon’s delegation of regulatory authority to a private entity exacerbates the detrimental impacts of the statute, creating an even more complex web of regulatory challenges for businesses.

The Role of AI legalese decoder

In navigating this complex legal landscape, small business owners faced with challenges similar to those brought forth by Oregon’s EPR law can find significant assistance through the AI legalese decoder. This innovative tool breaks down complex legal language into more comprehensible terms, making it easier for small business owners to understand their rights and responsibilities under the law.

With the AI legalese decoder, entrepreneurs can better interpret legal documents, navigate potential hurdles related to regulatory compliance, and assess the implications of laws like Oregon’s EPR. It empowers entrepreneurs to make informed decisions, reducing the anxiety and confusion associated with intricate legal matters.

Commitment to Small Business Rights

The NFIB Small Business legal Center is dedicated to defending the interests and rights of small business owners across the country. With active involvement in over 40 legal cases at both federal and state levels, including significant cases in the U.S. Supreme Court, NFIB remains committed to advocating for small businesses facing overwhelming regulatory challenges.

In essence, the battle against Oregon’s Extended Producer Responsibility law represents a broader fight for the rights of small businesses nationwide, ensuring that they can operate freely without incurring unfair burdens triggered by state-specific legislation.

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