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Climate & Environment
26 September 2024

California Takes Action Against ExxonMobil Over Plastic Recycling False Claims

Legal battle reveals decades of misleading plastic waste claims by oil giant as environmental groups also step up advocacy

California is taking direct aim at ExxonMobil, alleging the oil giant has long misled the public about the effectiveness of plastic recycling. This groundbreaking lawsuit, announced on September 24, 2024, by Attorney General Rob Bonta, marks the culmination of two years of investigation. The state contends Exxon5417Mobil’s deceptive practices have exacerbated the plastic waste crisis, all the more concerning as plastics are increasingly dominating landfill space and polluting oceans.

Charging ExxonMobil with violations including false advertising and public nuisance, Bonta's lawsuit paints a grim picture of corporate dishonesty. He claims Exxon promoted the idea of recycling as the answer to rampant plastic waste, even though they purportedly understood since the 1970s the significant limitations of recycling technology.

The California suit is not acting alone; it is buoyed by similar claims from environmental nonprofits. Groups like the Sierra Club, Surfrider Foundation, Heal the Bay, and Baykeeper have filed joint lawsuits contending Exxon is responsible for massive plastic pollution, urging the company to cover cleanup costs for community efforts aimed at battling the debris washing ashore.

This powerhouse duo of lawsuits shines light on what critics term ExxonMobil’s “greenwashing” tactics. Despite its hefty claims about plastic recycling technology, the lawsuits suggest most plastic sent to their “advanced recycling” facilities does not actually get reused but instead is converted to fuel.

“ExxonMobil has been deceiving the public to convince us recycling could solve the plastic waste and pollution crisis when they clearly knew this wasn’t possible,” said Bonta, highlighting the economic mechanics of the recycling conundrum. With only around 5-9 percent of plastic actually being recycled in the United States, the lawsuit argues the vast majority ends up as environmental waste.

ExxonMobil, for its part, has reacted defiantly. The company issued human emotion-laden statements asserting their recycling programs are legitimate and effective. They maintain, "Advanced recycling works. To date, we’ve processed more than 60 million pounds of plastic waste, keeping it out of landfills.” Their dismissive tone suggests California officials have been aware of these concerns for decades without taking appropriate action.

According to department statements, this lawsuit serves dual functions: demanding punitive measures against ExxonMobil for alleged misdeeds, and seeking injunctive relief to compel the company to change its practices. Bonta emphasized wanting not just punitive action, but tangible changes, asserting, "If consumers are getting non-truthful information, it completely changes the marketplace and what they would and would not buy.”

Supporters of the lawsuit view it as historic, with environmental advocates noting this could become part of a larger trend as states move to hold companies accountable for environmental responsibility. Groups like Beyond Plastics have lobbied for such actions, thrilled by legal moves away from vague regulations and toward hard accountability.

At the heart of the legal action lies Exxon's Baytown, Texas facility, known for its so-called advanced plastic recycling initiatives. Exxon positioned this facility as the cutting edge of recycling technology, claiming potential for massive output. But attorney general Bonta’s legal inflection brings attention to internal documents expressing doubts about this process and illuminating the company’s history of misleading advertising.

It’s no secret the oil and gas industry has plunged billions of dollars over recent years trying to achieve commercially viable recycling processes. Yet, according to the California lawsuit, such efforts pale under scrutiny when assessing the tiny percentage of recycled products actually being forged from these advanced programs, with many products merely being incinerated instead.

“What we're seeing is not effective recycling,” states environmental advocate Judith Enck. She suggests this lawsuit might alter the tide of public perception. Referring to ExxonMobil's practices, Enck noted, "If you look at advertising by the plastics industry, their use of labeling on products, you would think plastic recycling was a huge success story. It never has been, and it never will be."

The coalition of organizations accompanying California is not only seeking penalties but prioritizing public education—aiming to inform consumers about the reality of plastic products and the illusion perpetuated by the industry about recycling. This could entail hefty investments from ExxonMobil to promote true sustainability practices and discard misleading narratives which only serve to fuel plastic waste.

“We’re taking this fight to court to hold Exxon accountable for their contribution to the plastic pollution crisis,” asserts Jennifer Savage from Surfrider. She underlined the urgency of the matter, emphasizing the considerable amount of plastic—over 12 million tons—polluting California’s waterways annually.

The issue of plastics has captured public and media attention recently, pushing consumers toward more sustainable choices—but as these lawsuits reveal, the pathway toward effective recycling has been fraught with misinformation. Strong public interest exists for reform, risking broader ramifications for corporations perceived to deceive consumers.

Prior environmental lawsuits have thrived, targeting companies from tobacco to opioids, and experts believe California's lawsuits represent the same idea—unraveling long-held corporate assumptions and calls for accountability to the broader public. Still, experts caution this type of litigation is challenging, often facing systemic roadblocks—or corporate lawyers pushing back hard.

State officials paint this case as part of the much larger conversation about community health and environmental welfare. With studies indicating microplastics are entering lungs and even maternal tissues, this immediate legal focus ties to larger environmental and public health issues.

Discussions surrounding plastic seem to face mounting urgency, with the media spotlight reshining public sentiment on sustainability and accountability. Both California lawsuits stand firm against what they view as the opaque narratives surrounding the oil giant's recycling agenda. It’s all about clarifying truth from fiction, and how consumers can demand more from both corporations and government.

California’s persistent efforts through litigation suggest the environment is moving uneasily, edging closer to demanding companies act more responsibly. Conversations around advanced recycling seem poised to shift, particularly as they collide with grassroots movements and legal accountability. Consumers who want or think they can buy “recyclable” products may find themselves wanting something more than mere marketing, pushing them toward advocating for real environmental reform.

This legal action stands as an opportunity for systemic change, possibly encouraging other states to undertake similar actions. The focus on ExxonMobil directly challenges one of the biggest players on the field, calling its practices, and claims to account. Rather than simply settling for buzzwords about sustainability, consumers could benefit from continued awareness about the nuances of recycling and the reality behind brand promises on plastic waste. The stakes have never been higher as California leads the charge with potent lawsuits against legacy corporate practices.

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