Karen Harned, Director of Litigation and Legal Policy at the National Association of Wholesaler-Distributors (NAW), appeared on Bergeson & Campbell's "All Things Chemical" podcast to discuss NAW v. Feldon, the association's federal challenge to Oregon's Extended Producer Responsibility (EPR) law.

The ruling in NAW v. Feldon is the centerpiece of the conversation. NAW sued the state of Oregon over its EPR statute, which shifts responsibility for packaging waste management onto producers — a category that, depending on how the law defines obligation, can reach distributors handling packaged goods. The association has framed its position as a stand against what it calls unconstitutional EPR mandates following the Oregon court's decision.

Host Lynn L. Bergeson, managing partner of Washington, D.C.-based Bergeson & Campbell, P.C. (B&C), led the discussion. Beyond the litigation itself, the episode covers NAW's broader mission and the work of the NAW Legal Policy Center, the association's vehicle for advocacy and litigation on legal issues affecting the wholesale distribution channel.

For distributors, the Oregon case carries significance beyond a single state's statute. EPR laws allocate compliance costs across the supply chain, and where those costs land — with manufacturers, brand owners, or intermediaries — directly affects distributor gross margins on packaged products. Oregon's law has drawn attention as a potential template for other states, which is why NAW chose to litigate the question in federal court rather than work state-by-state through legislation.

The episode, titled "Why Oregon's EPR Law Could Set the Rules for Every State: A Conversation with Karen R. Harned," is available on Spotify, Apple Podcasts, and B&C's website.

"All Things Chemical" is produced by Bergeson & Campbell, a law firm focused on chemical law, business, and litigation matters. The podcast covers industrial, pesticidal, and specialty chemicals and the regulatory and business issues surrounding them, with analysis from the firm's team of lawyers, scientists, and consultants on domestic and international chemical regulation.

The conversation signals that NAW intends to keep legal challenges to state EPR mandates on its agenda as more legislatures consider similar programs — a litigation strategy distributors with packaging exposure will want to track as the Oregon ruling's implications unfold.