Bethany, Cedar Mill and Oak Hills households have more certainty about who pays for their recycling after a federal judge upheld Oregon's landmark producer-responsibility law.

U.S. District Judge Michael Simon ruled Friday, Aug. 28, that Oregon's Plastic Pollution and Recycling Modernization Act (RMA) is constitutional, rejecting a challenge from the National Association of Wholesaler-Distributors (NAW). The 71-page decision, reported by The Oregonian, ends a year-long legal fight over the 2021 law that shifts recycling costs from local governments and residents to the companies that produce packaging.

The ruling lifts a preliminary injunction that had paused fee collection from NAW's members since February. Businesses that fail to pay could face penalties of $375 to $3,000 per day, according to OPB.

Oregon's law took effect July 1, 2025. In its first year, the producer-funded program delivered 36,000 new recycling carts statewide, opened dozens of new collection sites and directed $30 million toward modernizing recycling facilities, according to a report from the Circular Action Alliance, the nonprofit selected by the Oregon Department of Environmental Quality (DEQ) to run the program.

How much of that investment reached Washington County is not yet clear. The statewide figures do not break down by county.

That gap matters locally. The Washington County Board of Commissioners voted 5-0 on June 23 to raise solid waste and recycling collection rates, effective Aug. 1. Urban residential rates went up 3.5%, rural residential rates 5.6% and commercial rates 5.2%, according to Cedar Mill News. The county's Garbage & Recycling Advisory Committee had flagged concerns about haulers' long-term sustainability after a 2025 analysis found their return on revenue was 6.38%, well below the county's 10% target.

The RMA shifts those costs from taxpayers to producers over time by requiring companies that make packaging to pay fees that fund collection and processing.

Jen Parrott, DEQ administrator of land quality programs, said in a statement that the agency looks forward to "continuing implementation of the law, working with our partners to ensure Oregon's recycling system is accessible, effective and sustainable for the long term."

Oregon Attorney General Dan Rayfield said the ruling confirms the state can require packaging producers to share cleanup costs instead of passing them to families and local governments.

NAW said in a written statement that it "strongly disagrees" with the decision and is reviewing options for next steps. The trade group is also challenging similar recycling laws in California and Colorado. A potential appeal would go to the U.S. Court of Appeals for the Ninth Circuit.

Judge Simon wrote that Oregon "continues to show innovative leadership toward solving serious local, national, and even international problems caused by plastic and other forms of waste and packaging pollution."

Law firm Baker Donelson called the ruling the first federal court decision on the merits of a packaging producer-responsibility program. Oregon was the first state to begin collecting producer fees under this type of law, and several other states, including California, Colorado, Maryland, Minnesota and Washington, have enacted similar programs.

Washington County's certificated haulers, including Pride Disposal, Republic Services and WM, collect recycling across Bethany, Cedar Mill, Oak Hills and West Haven-Sylvan. Residents with questions about local collection can contact Washington County Solid Waste & Recycling at 503-430-4010.