On July 16, 2026 the parties in Lollicup USA v. Feldon entered into a stipulation under which Oregon DEQ's Materials Management Program will not issue pre-enforcement notices against Lollicup USA or any member of the putative class through at least August 31, 2026, extendable by written consent. (Corrected October 12, 2026.) DEQ retains authority to investigate, issue warning letters, and conduct other pre-enforcement activity. Read the limit carefully: the Circular Action Alliance is not a party to the stipulation and may continue assessing fees, pursuing compliance actions, and publishing non-compliance lists. Lollicup's litigation deadlines are suspended pending the decision in NAW v. Feldon; the joint status report is due September 10, 2026. The case is
Lollicup USA, Inc. v. Feldon, No. 3:26-cv-01287-SI (D. Or.), before Judge Michael H. Simon, the same judge who decided NAW v. Feldon. Source:
Arnold and Porter, Environmental Edge (July 22, 2026).
Update, September 24, 2026: the pause ran through August 31, 2026, and nothing on the public docket extends it, so do not treat it as in force. On September 10, 2026 the court moved the joint status report to not later than October 16, 2026 (ECF 12). The pause terms rest on the stipulation the parties filed July 16, 2026 (ECF 9, Exhibit 1), which is not on the public docket mirror; the court’s July 17 entry (ECF 10) does not mention the pause, so the Atlas no longer describes the stipulation as entered by the court.
(Corrected October 7, 2026: the stipulation paused DEQ pre-enforcement notices until at least August 31, 2026 and allows extension by written agreement (as summarized by Arnold and Porter, July 22, 2026), so the public record does not show when the pause ended.)
Update, October 12, 2026: an October 9, 2026 docket entry (ECF 13) is labeled Stay, and its text is not on the free docket.