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California Sues ExxonMobil Over Plastic Recycling Deception

California Sues ExxonMobil Over Plastic Recycling Deception

California Sues ExxonMobil Over Plastic Recycling Deception \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ California has filed a lawsuit against ExxonMobil, accusing the company of deceiving the public for decades by promoting plastics as recyclable when less than 5% are actually reused. Attorney General Rob Bonta claims ExxonMobil profited by misleading consumers into believing they were helping the environment, while plastic waste continues to fill landfills and oceans. The lawsuit aims to end ExxonMobil’s alleged deceptive practices and seeks penalties for the environmental harm caused.

California Sues ExxonMobil Over Plastic Recycling Deception
FILE – California Attorney General Rob Bonta fields questions during a press conference Monday, Aug. 28, 2023, in Los Angeles. (AP Photo/Marcio Jose Sanchez, File)

California Sues ExxonMobil Over Recycling Deception Quick Looks

  • False Recycling Claims: California alleges ExxonMobil misled the public by promoting plastics as recyclable, while only 5% of plastics are actually reused.
  • Environmental Impact: The lawsuit highlights the global pollution crisis created by plastic waste filling landfills and oceans, despite consumers diligently recycling.
  • Legal Action: California’s lawsuit accuses ExxonMobil of violating state nuisance and unfair competition laws, aiming to end deceptive practices and secure penalties.
  • ExxonMobil’s Response: The company blames California’s flawed recycling system for the crisis and defends its efforts in “advanced recycling.”
  • Growing Trend: The lawsuit follows similar legal actions against oil and gas companies over their roles in environmental damage and climate change.

Deep Look

California’s Attorney General Rob Bonta announced a major lawsuit against ExxonMobil on Monday, accusing the oil and gas giant of misleading the public for over five decades about the recyclability of the plastics it produces. The lawsuit claims ExxonMobil deceived consumers by promoting the idea that plastic products could be effectively recycled, even though less than 5% of plastics in the U.S. are ever turned into new products. This deception, Bonta said, has contributed to a global pollution crisis as landfills and oceans continue to be inundated with plastic waste.

Speaking at a virtual press conference, Bonta condemned the company’s actions, accusing it of profiting at the expense of the environment. “‘Buy as much as you want, no problem, it’ll be recycled,’ they say. Lies,” Bonta declared, explaining that ExxonMobil’s tactics aim to make consumers feel less guilty about plastic waste. He argued that the company has used recycling as a myth to increase sales while doing little to address the growing environmental harm caused by plastics.

The lawsuit follows an investigation launched by Bonta’s office in April 2022 into the fossil fuel and petrochemical industries. The investigation uncovered internal documents that, according to Bonta, reveal ExxonMobil’s long-standing knowledge of the harm caused by plastics and the false promise of recycling. The state accuses the company of violating California’s public nuisance and unfair competition laws and seeks civil penalties and the creation of an abatement fund to address the damage.

At the heart of the lawsuit is the claim that ExxonMobil knew recycling was ineffective and costly. Despite this, the company continued to promote it as a key solution to plastic waste through media campaigns, even as it increased plastic production. According to the complaint, the majority of plastic items labeled “recyclable” end up in landfills, while microplastics—tiny, harmful plastic particles—pollute oceans and ecosystems.

California’s lawsuit is not an isolated case. In recent years, eight states and Washington, D.C., have taken legal action against oil and gas companies for their role in exacerbating climate change and misleading the public about the environmental impact of fossil fuels. This legal effort is part of a broader trend as municipalities and governments hold major corporations accountable for their role in environmental damage. Last year, California filed a separate lawsuit against major oil companies for deceiving the public about the dangers of fossil fuels.

ExxonMobil, however, pushed back against California’s claims, blaming the state for its own faulty recycling infrastructure. In an emailed statement, Lauren Kight, a spokesperson for ExxonMobil, said, “For decades, California officials have known their recycling system isn’t effective. They failed to act, and now they seek to blame others.” Kight also argued that the company has been working on advanced recycling techniques that can better convert old plastics into new products.

ExxonMobil’s “advanced recycling” or “chemical recycling” process claims to improve the efficiency of recycling, but California’s lawsuit alleges that only 8% of materials are effectively reused under these methods. Despite the company’s insistence that advanced recycling is working, critics argue that it remains largely ineffective in solving the widespread plastic waste problem.

Notre Dame Law School Professor Bruce Huber, an expert in environmental and energy law, acknowledged that while California’s case presents compelling evidence of deception, the state faces an uphill legal battle. Huber pointed out that the case hinges on public nuisance law, a notoriously complex area of the legal system. “It could be difficult for a court to grant California relief here without opening a Pandora’s box of other, similar claims,” Huber said.

In addition to the misleading recycling claims, the lawsuit touches on ExxonMobil’s role in promoting plastic use and profiting from the continued expansion of plastic production. The state’s complaint argues that the company ramped up its plastics manufacturing while deliberately concealing the environmental impact. According to the lawsuit, ExxonMobil knew plastics were hard to recycle and caused significant harm, yet it aggressively marketed them as part of a circular economy.

Bonta emphasized that many consumers will likely be shocked by the revelations in the lawsuit. The belief that plastic products placed in blue recycling bins would be effectively recycled, he said, is based on years of misinformation spread by companies like ExxonMobil. “This is a revelation to many, after years and years of a belief that is untrue because they were lied to by ExxonMobil … about the myth of recycling,” Bonta explained.

The global plastic waste crisis has reached critical levels, with plastic pollution choking oceans and harming wildlife. While recycling has long been touted as a solution, the vast majority of plastics are either incinerated or dumped in landfills. Environmental groups have long accused big oil companies like ExxonMobil of using “greenwashing” tactics to downplay their role in environmental degradation and push the responsibility onto consumers.

The lawsuit comes just a day after California Governor Gavin Newsom signed a new law banning plastic shopping bags at supermarkets, signaling the state’s commitment to addressing plastic pollution. The move is part of a broader effort to reduce single-use plastics and promote sustainability across California.

As the case against ExxonMobil unfolds, it will likely draw further attention to the environmental impact of plastics and the responsibility of corporations to provide honest information to consumers. For now, California’s legal battle reflects a growing push to hold companies accountable for their contributions to the global plastic crisis.

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