California sues ExxonMobil over plastic recycling claims

California Attorney General Rob Bonta has filed a first-of-its-kind lawsuit against ExxonMobil Corporation—the state’s largest producer of petroleum-based polymers—accusing the company of deceiving the public about the potential of plastic recycling and causing environmental damage that has cost the state billions of dollars to clean up.

Bonta is trying to force the oil giant to “end its deceptive practices.” He is trying to secure an abatement fund, disgorgement (a legal remedy that requires a party to give up profits or other benefits obtained illegally or unethically) and civil penalties “for the harm plastic pollution has caused to California communities and the environment.”

The suit was filed Monday morning in San Francisco County Superior Court.

A separate lawsuit filed by a consortium of environmental groups — including the Sierra Club, Surfrider Foundation, Heal the Bay and Baykeeper — was also announced Monday.

“For decades, ExxonMobil has deceived people into believing that plastic recycling could solve the problem of plastic waste and pollution, when they clearly knew this was not possible,” Bonta said in a statement. “ExxonMobil lied to pursue its record-breaking profits at the expense of our planet and possibly putting our health at risk.”

The lawsuit comes nearly two-and-a-half years after Bonta launched an investigation into the fossil fuel and petrochemical industries for their alleged roles in creating and exacerbating the global crisis of plastic waste pollution.

At the time, Bonta said he had issued a subpoena to ExxonMobil Corporation seeking information related to the company’s “historic and ongoing efforts” to undermine the public’s understanding of the harmful consequences of plastics.

Securing the documents through summons, Bonta said he has the necessary evidence and documents to sue the company on various legal grounds.

In a statement, Bonta said the lawsuit paints the “most complete picture to date” of the oil giant’s “decades-long deception.”

Both lawsuits alleged the oil company violated the state’s natural resources, water pollution, false advertising, unfair competition and nuisance laws.

Bonta is seeking injunctive relief to protect the state’s natural resources from further pollution and destruction, as well as to prevent the company “from making any false or misleading statements regarding plastic recycling and its plastics operations.”

Fossil fuels such as oil and gas are the raw materials for most plastics. In recent decades, the accumulation of plastics has increased. plastic waste has been overwhelmed Waterways and oceansmaking marine life sick and at risk human health,

Both lawsuits were announced at a time when state lawmakers are attempting to reduce plastic pollution at its source with the passage and implementation of SB54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act — which aims to shift the responsibility and cost of plastic pollution from taxpayers and consumers to producers and packagers.

The report comes amid growing research showing the deadly and ubiquitous nature of microplastics in the environment and the human body.

Micro- and nanoplastics are formed when plastic products break down. Petroleum-based plastics never fully decompose; they break down into smaller and smaller fragments, which are now found in the deepest trenches of our oceans, in the ice of the highest mountains, in our air, water, food and bodies.

Environmentalists applauded the dual lawsuits, saying they were much-needed reforms for an industry that for decades produced products that have seeped into the state’s waterways and contaminated the human body.

“For 40 years, the Surfrider Foundation has been fighting to protect our ocean, waves, and beaches… Despite these tireless efforts, 85% of the items collected at our California beach cleanups in 2023 were still single-use plastics,” said Jennifer Savage, senior plastic pollution initiative manager at the Surfrider Foundation. “Now, for the health of our ocean and the people who depend on it, we are taking this fight to court to hold Exxon accountable for their contribution to the plastic pollution crisis.”

“Recycling is like trying to wipe water out of a running bathtub while the tap is still running,” said Christy Levitt, Oceana’s plastics campaign director. “We need to turn off the tap and reduce the production of single-use plastics… If companies won’t reduce their production, governments should make sure they do.”

On Sunday, Gov. Gavin Newsom signed a bill that will close a loophole in the 2014 plastic bag ban that allowed some plastic bags to still be sold at checkout lines.

Studies have shown that the two largest contributors of microplastics to the environment are car tyres and synthetic clothing. However, as the plastic industry expands and the number of single-use plastic items increases, so does their contribution to environmental pollution. 151 million tons of single-use plastic produced Fossil fuels will account for 1.9 million tonnes of carbon emissions in 2021. This number is expected to rise by another 19 million tonnes by 2027.