Stacey Halliday and Jennifer Kwapisz Discuss Oregon EPR Trial with Packaging Dive
Arnold & Porter Environmental partner Stacey Halliday and Product Liability Litigation partner Jennifer Kwapisz were quoted in the recent Packaging Dive article, “Oregon EPR trial: What to watch next,” discussing National Association of Wholesaler-Distributors v. Feldon, the first extended producer responsibility lawsuit to go to trial.
Jennifer emphasized that the upcoming post-trial briefing will be particularly useful in expanding on the parties’ legal arguments.
“Very often, courts, when they do draft their opinions, will pay very close attention to that post-trial briefing and to the authorities that are cited in there,” she said. “The post-trial briefing is where we’ll see the most comprehensive set of arguments and evidence laid out.”
Stacey noted that the outcome of the trial also has implications for producers’ compliance programs, as it remains unclear exactly how the joint enforcement by the Oregon Department of Environmental Quality (DEQ) and Circular Action Alliance Oregon (CAA) may unfold.
“My interest is in watching to what extent there will be more transparency around the enforcement process from CAA and DEQ to delineate those separate roles, particularly given the increased scrutiny of their oversight of the EPR program during litigation,” she said.
