According to multiple sources, a federal judge has denied a motion by the American Forest & Paper Association (AF&PA) and other groups to join the National Association of Wholesaler-Distributors’ (NAW’s) lawsuit against Oregon Department of Environmental Quality (DEQ) Director Leah Feldon.
The decision from U.S. District Judge Michael H. Simon keeps the case limited to the original parties, including NAW, which filed the suit. The lawsuit challenges the state’s extended producer responsibility program established under the RMA, which took effect July 1, 2025.
AF&PA, along with the Northwest Grocery Association, Oregon Business & Industry, and Food Northwest, filed a motion in March seeking to intervene in the case and block enforcement of the law on their members. That request followed a preliminary injunction granted to NAW in February, which temporarily halted enforcement of the RMA for its members until a July 13 hearing in U.S. District Court in Portland.
In his decision, Simon pointed to timing as a primary factor in denying the motion. He noted that NAW and the state are already engaged in expedited discovery ahead of the July trial, and adding new parties at this stage would expand the scope of the case and increase the workload for the defendant, potentially delaying proceedings.
The court also found that AF&PA did not present a persuasive reason for waiting to file its motion. Simon referenced the February 2 injunction granted to NAW and a February 13 notice from DEQ stating it would continue enforcing the RMA on non-NAW producers. AF&PA filed its motion March 16. The ruling leaves open the option for AF&PA to pursue its own legal challenge.
In a statement issued April 8, AF&PA President and CEO Heidi Brock said the organization disagrees with the ruling but will continue to evaluate its options. She said AF&PA remains committed to pursuing legal and strategic paths to protect its members.
In an April 8 statement, AF&PA President and CEO Heidi Brock said, “While we respectfully disagree with the ruling, AF&PA remains fully committed to pursuing all available legal and strategic options to protect our members’ interests.”
She continued, saying the law imposes large and unnecessary burdens on products that are already some of the most successfully recycled materials in the U.S.
“These burdens include higher-than-anticipated fees, expanded reporting and compliance obligations and policy design choices that shift costs onto paper manufacturers without meaningfully improving recycling outcomes,” Brock says. “We will continue working closely with partners and counsel to secure meaningful relief for our members and ensure that recycling policies are workable, fact-based and do not increase costs across the supply chain.”
