California Attorney General Rob Bonta has recently initiated a lawsuit against ExxonMobil, alleging that the company has misled consumers for decades by touting recycling as a viable solution to plastic waste. This case, covered by NBC News, represents a novel legal strategy for California to hold fossil fuel companies accountable for their role in pollution and its repercussions.
The lawsuit, lodged in San Francisco Superior Court, charges that ExxonMobil has portrayed recycling as a “miracle solution” for plastic waste while being fully aware that plastics are notoriously difficult to eliminate. It also points out that certain recycling methods fail to effectively manage significant volumes of waste. Furthermore, the lawsuit accuses the company of violating California laws regarding water pollution and engaging in misleading advertising practices.
Bonta emphasized, “ExxonMobil has not only increased the production of single-use plastics but has also falsely assured the public that its plastics are sustainable and recyclable, misleading consumers about the management of the resulting plastic waste. It’s time for ExxonMobil to be held accountable.”
According to the lawsuit, Exxon and its predecessor companies have spent decades promoting single-use plastics through organized campaigns and advertisements, encouraging a “throwaway lifestyle” while minimizing the apprehensions surrounding plastic production.
As public concern over plastic pollution intensified, ExxonMobil advocated for mechanical recycling as a solution. However, the lawsuit reveals that the U.S. plastic recycling rate has never surpassed 9%, with microplastic pollution reaching crisis levels; scientists have detected microplastics in far-flung locations such as Antarctica and near Mount Everest.
In response, ExxonMobil argued that its advanced recycling technologies have prevented over 60 million pounds of plastic waste from ending up in landfills, referring specifically to chemical recycling, which breaks down plastics into their fundamental chemical components for reuse.
The company further claimed, “California officials have been aware for decades that their recycling system is inefficient, yet they have taken no action and now seek to blame others. They could work collaboratively with us to address this issue instead of pursuing litigation.”
Bonta’s office has described this lawsuit as a “first of its kind,” carving a new legal avenue to hold fossil fuel companies responsible for pollution and aggressive marketing practices. California is seeking a jury trial, aiming to compel ExxonMobil to relinquish a portion of its profits, face additional civil penalties, and establish a fund dedicated to pollution remediation.
Environmental advocates have applauded the development. Judith Enck, president of the national initiative Beyond Plastics, expressed optimism that this lawsuit could pave the way for more legal challenges. She noted, “Previously, lawsuits targeted individual plastic products or the companies that sold them. This is the first lawsuit aimed at upstream companies, holding them accountable.”
Leehi Yona, an assistant professor of environmental and climate law at Cornell University, highlighted that this lawsuit signifies a new frontier in California’s battle against fossil fuel companies, broadening its legal toolkit to include cases related to plastics. “This is not just legally significant; it also raises awareness about these companies’ deceptive practices, akin to lawsuits against the tobacco industry regarding their misleading claims about smoking and lung health,” she commented.
On the same day, several nonprofit organizations, including the Sierra Club, Baykeeper, Surfrider Foundation, and Heal the Bay, filed a separate lawsuit against ExxonMobil in San Francisco, echoing many of the claims made in Bonta’s lawsuit.
