Betsy Stone Discusses Federal EPR Challenges and Producer Implications

Foley & Lardner LLP senior counsel Betsy Stone shared insights in the Packaging Dive article, “California EPR lawsuit escalates as forthcoming Oregon ruling looms,” analyzing ongoing federal court challenges to extended producer responsibility (EPR) laws.

Following a recent five-day bench trial in Oregon, Stone pointed to the judge’s decision not to seek additional briefing on the Dormant Commerce Clause, noting that “a court that declines supplemental briefing on a party’s lead theory has, in effect, reached a conclusion on that theory.”

She also observed that the court’s post-trial questions suggest a focus on procedural due process issues and point to a “high probability of a partial outcome” that preserves the core EPR framework while modifying certain provisions.

On the small-producer exemption issue, Stone described the request for additional briefing as “a favorable signal” and said any ultimate ruling may leave Oregon’s EPR program largely intact.

Looking beyond, she emphasized the broader implications of California’s EPR law, noting that a California-scale mandate could reshape national and multinational supply chain dynamics.

Stone’s commentary also appeared in Resource Recycling, Inc.