ExxonMobil sued by California over campaign of ‘deception’ that exacerbated plastic pollution crisis

The state of California has sued oil and gas giant ExxonMobil for what it branded a “decades-long campaign of deception” that caused and exacerbated the global plastics pollution crisis.

The state’s Department of Justice alleged in a complaint filed in the San Francisco County Superior Court that the corporation has grifted California residents for 50 years, using misleading statements and marketing promising that recycling would address increasing amounts of plastic waste produced by ExxonMobil.

“Through this lawsuit, the Attorney General seeks to compel ExxonMobil, which promotes and produces the largest amount of polymers — essentially the building blocks used to make single-use plastic — that become plastic waste in California, to end its deceptive practices that threaten the environment and the public,” the office said in a Sunday release.

The 147-page suit alleges that ExxonMobil violated state nuisance, natural resources, water pollution, false advertisement, and unfair competition laws. It seeks tens of thousands of dollars in civil penalties, as well as the repayment of profits and other gains that were obtained illegally or unethically.

In response to the lawsuit, an ExxonMobil spokesperson told The Independent on Monday that California officials have known their recycling system isn’t effective for decades.

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“They failed to act, and now they seek to blame others. Instead of suing us, they could have worked with us to fix the problem and keep plastic out of landfills,” the spokesperson said.

“The first step would be to acknowledge what their counterparts across the U.S. know: advanced recycling works. To date, we’ve processed more than 60 million pounds of plastic waste into usable raw materials, keeping it out of landfills. We’re bringing real solutions, recycling plastic waste that couldn’t be recycled by traditional methods.”

But “advanced recycling,” also known as chemical recycling, is a solution the state claims amounts to nothing more than a PR “stunt” meant to encourage the public to keep purchasing single-use plastics.

The office said advanced recycling is an “umbrella term” used by the plastics industry to describe heat or solvent-based technologies that can “theoretically” turn certain types of plastic waste into materials that can be used to make new plastic.

Under that program, ExxonMobil uses heat to break down plastic waste. But, the Justice Department says plastics produced through the process are effectively manufactured from previously unused materials, and that advanced recycling cannot handle large amounts of post-consumer plastic waste without risking the safety and performance of its equipment.

The first-of-its-kind lawsuit also said ExxonMobil, the world’s largest producer of polymers used to make single-use plastic from fossil fuels, falsely promoted all plastic as recyclable, causing consumers to purchase more. The department said it had adapted and promoted the chasing arrows symbol, which leads people to believe their products will be recycled. In reality, between five and six percent of US plastic waste is recycled.

Furthermore, the suit pins ExxonMobil with contributing to pollution that has harmed California’s environment, wildlife, and natural resources, noting more than 100 water bodies contain so much debris and plastic that they are either listed as having “impaired” water quality under the Clean Water Act or have been recommended for such a listing.

Since 1985 more than 26 million pounds of trash have been collected from California beaches and waterways: more than 80 percent of which is plastic. The state said most plastic items collected on the state’s annual Coastal Cleanup Day can be traced to ExxonMobil’s polymer resins.

And, the department pointed to the pervasive spread of microplastics, citing recent studies that indicate the tiny pieces no larger than five millimeters potentially have dire consequences on human health, as well as animal health. The impact of microplastics on human health is not yet locked down, but its presence in the body has been associated with chronic inflammation and stress to the process of oxidation.

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The office’s announcement comes after Democratic Attorney General Rob Bonta launched an investigation into the fossil fuel and petrochemical industries for their role in the global plastics waste and pollution crisis in April 2022. The office issued investigative subpoenas to ExxonMobil and related plastics industry groups.

“ExxonMobil lied to further its record-breaking profits at the expense of our planet and possibly jeopardizing our health,” Bonta said in a statement on Sunday. “Today’s lawsuit shows the fullest picture to date of ExxonMobil’s decades-long deception, and we are asking the court to hold ExxonMobil fully accountable for its role in actively creating and exacerbating the plastics pollution crisis through its campaign of deception.”

Over the weekend, California Democratic Gov. Gavin Newsom signed a ban on all plastic shopping bags at supermarkets. Single-use plastic, like shopping bags, is produced from fossil fuels, which create greenhouse gases that warm the Earth’s atmosphere and contribute to the climate crisis.

The Independent will be revealing its Climate100 List this week and hosting an event in New York, which can be attended online.