The fourth day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial focused on the practical administration of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA).
Witnesses from the Oregon Department of Environmental Quality (DEQ) described how the agency oversees the state’s Extended Producer Responsibility (EPR) programme and reviews programme plans submitted by the Circular Action Alliance (CAA).
Oregon DEQ officials also explained their enforcement processes, while NAW continued pressing whether the programme offers sufficient transparency and predictability for regulated producers.
Oregon concluded its examination of Nicole Portley and called two additional witnesses before proceedings closed for the day.
Portley, Programme Plan Lead for the RMA at Oregon DEQ, explained supply reporting processes, producer exemptions, and how Oregon DEQ responds to producer inquiries during her testimony.
Portley confirmed that even confidential portions of the programme plan, such as Appendix G covering fee methodology, were reviewed and edited by Oregon DEQ prior to implementation.
She noted that Appendix G could be requested as a public record at a cost of approximately $1,500, with Oregon DEQ then applying a balancing test to determine whether confidential information could be publicly released.
Portley also confirmed that one party had requested the document but declined to proceed once presented with the cost associated with evaluating Appendix G.
On cross-examination, NAW questioned Portley about whether CAA Oregon holds authorities and abilities to control producers that fall outside Oregon DEQ’s direct oversight.
NAW also had Portley confirm that Oregon DEQ did not investigate potential impacts on other states when considering the RMA’s structure and programme implementation.
Erin Saylor, Manager of Oregon DEQ’s Office of Compliance and Enforcement, testified about how enforcement cases are initiated, evaluated, and progressed through the agency’s civil penalty assessment process.
Saylor noted that formal enforcement typically follows warnings, notices, and other opportunities for non-compliant parties to remedy violations before penalties are initiated.
NAW cross-examined Saylor on discrepancies in enforcement against producers deemed noncompliant by CAA Oregon, and raised concerns that enforcement staff lack access to Appendix G.
David Allaway, Senior Policy Analyst at Oregon DEQ, testified about his background on the Recycling Steering Committee and data analytics projects that helped inform the creation of the RMA.
Allaway explained some of the underlying policy rationales for the legislation, including environmental benefits, and how research and modelling helped calculate programme impacts and costs.
Testimony from Allaway was set to continue into what was expected to be the final day of the bench trial, with proceedings resuming on July 17, 2026.