This week’s newsletter revisits the challenges the industry faces as regulations both lead and lag in key areas of rapidly evolving technologies and frameworks. Oregon’s EPR law and California’s SB 54 are moving through the courts causing producers wait for legal certainty, while food waste depackaging equipment is scaling faster than states can write rules to govern it. As is often the case with industries in transition, some elements of technology and implementation are pushed faster than many in the industry want, while others are years ahead of a common governing approach and everyone is left making compliance and investment decisions without a settled framework to rely on.
The big picture
This Week in Waste
EPR Litigation Update: Oregon Ruling Reactions, Appeal Window Open; California Still Awaits a Hearing
A federal judge ruled that Oregon’s Recycling Modernization Act does not violate the dormant Commerce Clause or the Due Process Clause, rejecting a challenge from the National Association of Wholesaler-Distributors (NAW) after a five-day bench trial. NAW said it disagrees strongly with the August 27 ruling and is reviewing next steps, with a window to appeal to the Ninth Circuit through the end of September. A related class action on behalf of non-NAW producers may be dismissed given the outcome. Meanwhile, Oregon DEQ is moving forward with implementing regulations, with a public comment period expected to open September 14. In California, the 17-state coalition’s motion to block SB 54 entirely has a hearing date set for January 15, 2027, so the law remains fully in force with no change to producer compliance obligations in the meantime.
Key takeaway: Nothing changes for compliance today. Oregon producers should register with CAA and pay fees if they haven’t already, and California’s SB 54 timeline, including the January 2027 program-participation deadline, is unaffected for now.
From SWEEP: EPR: What is it? What is it Good For? is a useful primer for readers coming up to speed on the Oregon and California litigation.
Sources: Waste Dive ·
Resource Recycling ·
Ballard Spahr ·
Holland & Knight
States Scramble to Regulate Food Waste Depackaging as Technology Outpaces Rules
A BioCycle and Natural Resources Defense Council survey of 23 states found only Vermont, Washington and North Carolina are actively writing rules for mechanical food waste depackaging equipment, even as the technology scales quickly at composting and anaerobic digestion facilities nationwide. Regulators speaking on a BioCycle webinar cited a lack of standardized microplastics measurement protocols as the core obstacle and are split on how to balance maximum food waste recovery against contamination risk to finished compost and digestate.
Key takeaway: Local governments and organics facility operators expanding depackaging capacity are operating ahead of a consistent regulatory framework. Communities piloting these systems should watch Washington’s and Vermont’s rulemakings, expected to finalize later this year, as potential models for future state standards.
Sources: Waste Dive ·
BioCycle ·
NRDC
WM Names John Morris as Next CEO, Capping Jim Fish’s Decade at the Helm
WM announced that CEO Jim Fish will retire after ten years in the role and more than 25 years with the company. President John Morris, a three-decade WM veteran, will succeed him as President and CEO effective January 4, 2027, with Fish staying on in an advisory capacity through mid-February.
Key takeaway: A planned, internal succession at the largest player in the industry signals continuity in strategy rather than a change in direction, in contrast to the more abrupt leadership transitions seen elsewhere in the sector this year.
Sources: Waste Dive
Get Involved
Join SWEEP
From an Oregon EPR ruling reshaping the litigation landscape while California’s SB 54 challenge awaits a hearing, to food waste depackaging technology outpacing state rulemaking, to a planned leadership transition at WM, this week’s news shows an industry making decisions well ahead of a settled regulatory framework. A measurable, third-party standard is how that progress gets held to account. Join SWEEP and help set the standard for what good waste management actually looks like.
|
⬥ Download the Standard ⬥ Become a Member |