Maine and Oregon have become pioneers in implementing Extended Producer Responsibility (EPR) laws for packaging, shifting waste management costs to producers. Oregon launched its program in July 2025, while Maine prepares for 2027 rollout amid ongoing adjustments. These initiatives are influencing similar policies in other states and highlighting both opportunities and legal challenges in improving recycling systems.
Maine enacted the first US state EPR legislation for packaging in July 2021, followed closely by Oregon. This approach aims to transfer the financial burden of recycling from municipalities and residents to producers. Four years on, both states offer valuable insights into the model's strengths and hurdles.
Oregon's Plastic Pollution and Recycling Modernization Act initiated fee collection on July 1, 2025, marking the nation's first operational EPR system for packaging, food service ware, and paper. The nonprofit Circular Action Alliance (CAA), formed in 2022 by companies including Coca-Cola, PepsiCo, Procter & Gamble, Walmart, and Keurig Dr Pepper, was approved to manage the program on February 21, 2025. Serving 4.2 million residents and over 3,300 registered producers, CAA anticipates expenditures of $188 million in 2025, $254 million in 2026, and $289.5 million in 2027. The system processes about 415,000 tons of material annually, equivalent to roughly 197 pounds per person.
Challenges emerged quickly, with the National Association of Wholesaler-Distributors filing a federal lawsuit in July 2025. The suit argues the law grants excessive authority to a private entity funded by producers and unfairly burdens wholesalers and distributors who lack control over packaging design. In November 2025, the group sought a preliminary injunction to halt enforcement ahead of further invoicing. Oregon's Department of Environmental Quality has defended the program but declined comment on the litigation, which could impact similar efforts elsewhere.
Despite obstacles, progress is underway. Sixteen priority communities received $17.5 million in July 2025 for infrastructure upgrades. Counties such as Deschutes, Jackson, Lane, and Marion are adapting to a new statewide recycling list. CAA is establishing 144 PRO Recycling Centers for items like expanded polystyrene, shredded paper, plastic buckets, and film plastics, which curbside services often miss.
Kim Holmes, CAA Oregon's executive director, expressed optimism to Resource Recycling: “We’re going to learn a lot, and we’re excited to see what we’re going to learn.” She noted Colorado's 2026 implementation as a key opportunity for shared knowledge.
Maine's model differs, emphasizing municipal reimbursements over a producer-run system. Final rules were adopted in December 2024, with a stewardship organization contract planned for April 2026 and reimbursements starting in fall 2027. In June, Governor Janet Mills signed LD 1423, amending the original law to align with other states by clarifying producer definitions, exemptions, and incentives for recyclable materials.
Industry groups, like the American Forest & Paper Association, praised the updates as “much needed improvements” focusing on low-recycling-rate materials without disrupting established systems. However, environmental advocates, including the Natural Resources Council of Maine, decried the changes for weakening the law before implementation. Ecomaine and Portland opposed the bill, citing potential delays in reimbursements.
These experiences underscore lessons for other states: allocate sufficient time for rollout, as Oregon took four years and Maine six; incorporate flexibility for evolving regulations; ensure transparent fee processes; define producers clearly to avoid disputes; address varied community infrastructure needs; and anticipate adaptations amid changing markets and policies.
Oregon's program tests producer accountability, potentially boosting recycling if successful, though legal risks loom. Maine's path, possibly involving CAA, seeks to balance updates with municipal relief goals. With laws in Colorado, California, Minnesota, Maryland, and Washington, plus considerations in Hawaii, Rhode Island, and New York, these pioneers shape national packaging waste strategies.
