ELR Citation: 56 ELR 20014
No(s). 25-cv-1334-SI (D. Or. Feb 6, 2026) (Simon, J.)

A district court granted in part a group of wholesale distributors' motion to preliminarily enjoin the Oregon Department of Environmental Quality from enforcing the state's plastics recycling law. The group challenged the Oregon Plastic Pollution and Recycling Modernization Act on the following grounds: dormant Commerce Clause, Due Process Clause, equal protection, unconstitutional conditions, and Oregon Constitution. The court granted the Department's motion to dismiss as to the claims brought under the Oregon Constitution, unconstitutional conditions, and equal protection. As for the group's dormant Commerce Clause and Due Process Clause claims, the court found serious questions going to the merits, that there was a likelihood of irreparable injury, and that the balance of hardships tipped in favor of the group. It enjoined the Department from enforcing the law against the group and its members.