In a move that could reshape the landscape of environmental accountability, California Attorney General Rob Bonta has filed a landmark lawsuit against oil giant ExxonMobil.
The suit, announced on September 23, 2024, alleges that the company deliberately misled the public about the viability of plastic recycling for decades, contributing significantly to the global plastic pollution crisis.
This first-of-its-kind legal action targets ExxonMobil, the world’s largest producer of single-use plastic polymers, for what Bonta describes as a “decades-long plastics deception campaign.” The lawsuit comes after years of investigation, including a review of confidential company communications and public scientific research.
“For more than half a century, the plastics industry has engaged in an aggressive campaign to deceive the public, perpetuating a myth that recycling can solve the plastics crisis,” Bonta stated. “The truth is: The vast majority of plastic cannot be recycled, and the recycling rate has never surpassed 9%.”
The lawsuit draws heavily on evidence from a recent report by the Center for Climate Integrity (CCI), which revealed that ExxonMobil and other petrochemical companies have known since at least the 1970s that large-scale plastic recycling was not economically or technically feasible. Despite this knowledge, the industry allegedly continued to promote recycling as a solution to plastic waste.
Richard Wiles, president of CCI, praised the lawsuit as “the most important legal action to date in the global fight against plastic pollution.” He added, “ExxonMobil is now facing long-overdue legal accountability for its role in causing and lying about the two greatest environmental catastrophes facing humanity: the climate crisis and the plastic waste crisis.”
The lawsuit also breaks new ground by challenging ExxonMobil’s claims about “advanced recycling,” a process the company has heavily promoted.
According to the legal filing, this method, which uses high-heat pyrolysis to melt plastic waste, is far less effective than claimed.
The suit alleges that only about 8% of plastic waste becomes new plastic through this process, with the majority being converted into fuel for burning.
Environmental experts see this case as potentially transformative. Dr. Jane Peterson, an environmental policy expert at the University of California, Berkeley, noted, “This lawsuit could fundamentally change how we approach plastic production and waste management. It’s not just about one company; it’s about reshaping an entire industry’s practices.”
The legal action comes amid growing public concern about plastic pollution. A recent poll by Data for Progress and CCI found that 70% of U.S. voters, including a majority of Republicans, support legal action against the fossil fuel and plastics industries for their role in plastic pollution.
ExxonMobil faces separate lawsuits from multiple states and local governments for allegedly deceiving the public about the role of its fossil fuel products in causing climate change. This new lawsuit adds another dimension to the company’s legal challenges.
The plastics industry has pushed back against the allegations. A spokesperson for the American Chemistry Council stated, “We have always been committed to finding sustainable solutions for plastic waste. This investigation appears to be politically motivated and overlooks the complex challenges of waste management.”
As the case unfolds, it could have far-reaching implications for corporate accountability in environmental matters. It may influence public policy on plastic production and disposal, potentially leading to stricter regulations and increased investment in truly sustainable alternatives to single-use plastics.
Judith Enck, president of Beyond Plastics and former EPA regional administrator, summed up the significance of the lawsuit: “Attorney General Bonta is leading the way to corporate accountability and a cleaner and healthier world. This lawsuit will set an invaluable precedent for others to follow.”
As California continues to lead in environmental protection, all eyes will be on this case and its potential to reshape the future of plastics and corporate responsibility in the face of mounting environmental challenges.
References:
Attorney General Bonta Sues ExxonMobil for Deceiving the Public on Recyclability of Plastic Products, September 22, 2024
The Fraud of Plastic Recycling, CCP Report (PDF), February 2024
Most US Voters Want Plastics Industry Held Accountable for Recycling Deception: Poll, Sep 09, 2024
Production, use, and fate of all plastics ever made, NLM, Published online 2017 Jul 19
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