California Sues Exxon Mobil Over Claims About Plastic Recycling Misleading

California Attorney General Rob Bonta has initiated a groundbreaking lawsuit against Exxon Mobil Corp., one of the largest producers of petroleum-based plastics. The lawsuit alleges that the company has misled the public about the efficacy of plastic recycling and has contributed to environmental degradation, costing California billions in cleanup efforts.

Bonta’s legal action, filed in the San Francisco County Superior Court, aims to require Exxon Mobil to halt its “deceptive practices.” The lawsuit seeks an abatement fund, disgorgement of profits gained through alleged misconduct, and civil penalties due to the damage caused by plastic pollution to California’s communities and environment.

Alongside Bonta’s suit, a coalition of environmental organizations—including the Sierra Club, Surfrider Foundation, Heal the Bay, and Baykeeper—has also filed a separate lawsuit against the oil giant.

“For decades, Exxon Mobil has been deceiving the public into believing that plastic recycling would solve the crisis of plastic waste, even though the company knew it was impossible,” stated Bonta. He accused Exxon Mobil of prioritizing its substantial profits over environmental responsibility, thus jeopardizing public health.

This lawsuit follows an extensive investigation Bonta launched over two years ago into the roles of the fossil fuel and petrochemical industries in contributing to a global crisis in plastic waste. During the investigation, subpoenas were issued to Exxon Mobil to gather information regarding the company’s attempts to downplay the harmful impacts of plastic.

Bonta claims to possess significant evidence obtained through these subpoenas that supports the lawsuit across several legal frameworks.

According to Bonta, the lawsuit represents the most comprehensive view of Exxon Mobil’s long history of deceptive practices regarding plastic. The lawsuits contend that the oil company has violated various state laws concerning natural resources, water pollution, false advertising, unfair competition, and public nuisance.

The attorney general is also pursuing injunctive relief to safeguard California’s natural resources from additional pollution and to prevent Exxon Mobil from making further misleading claims about plastic recycling.

Petroleum products serve as the primary raw material for most plastic items, and the growth in plastic waste over recent decades has severely impacted waterways and ocean ecosystems, harming marine life and posing risks to human health.

The timing of these lawsuits coincides with ongoing legislative efforts in California aimed at reducing plastic pollution. Recently passed legislation, known as SB54, seeks to shift the financial burden of addressing plastic pollution from taxpayers and consumers to the producers and packagers.

There is an increasing body of research that highlights the pervasive presence of microplastics in both the environment and in human bodies. Microplastics emerge when larger plastic items deteriorate. Unlike biodegradable materials, petroleum-based plastics do not fully decompose; rather, they fragment into smaller particles that have been detected in various environments—from the ocean’s deepest trenches to mountaintop snow, as well as in air, water, food, and human bodies.

Environmental advocates have welcomed the initiation of these lawsuits as necessary actions against an industry that has consistently produced items that pollute the waters and harm public health.

Jennifer Savage, senior plastic pollution initiative manager at Surfrider Foundation, emphasized the organization’s commitment to safeguarding oceans and beaches. Despite their ongoing efforts for the past 40 years, she noted that 85% of items collected during California beach cleanups in 2023 were still single-use plastics. “We’re taking this fight to court to hold Exxon accountable for their contribution to the plastic pollution crisis,” Savage remarked.

Meanwhile, Christy Leavitt, director of plastics campaigns at Oceana, expressed that “recycling is like trying to mop water from an overflowing bathtub while the faucet is still running.” She called for a reduction in the production of single-use plastics, urging governments to step in if companies fall short.

In a related development, California Governor Gavin Newsom recently signed a bill aimed at closing a loophole in a 2014 plastic bag ban, which previously allowed certain plastic bags to still be sold at checkout lines.

Research indicates that the two leading sources of microplastics in the environment are car tires and synthetic clothing. However, as the plastic industry continues to grow and the volume of single-use plastic items increases, their contribution to pollution is expected to escalate. In 2021 alone, around 151 million tons of single-use plastics were generated from fossil fuels, with projections suggesting an additional 19 million tons will be produced by 2027.

Source: Los Angeles Times