California and several environmental groups sued Exxon Mobil on Monday and accused the oil giant of engaging in a decades-long campaign that helped fuel global plastic waste pollution.
Speaking at an event during Climate Week in New York City, California Attorney General Rob Bonta said the state sued Exxon after concluding a nearly two-year investigation that he said showed Exxon was deliberately misleading the public about the limitations of recycling.
The investigation mirrors California's previous probes into the oil industry's alleged efforts to mislead the public about climate change, which the state is also suing over, and continues a long-standing adversarial relationship between the state and Big Oil.
Once a major crude supplier, California's oil production has been on a steady decline for almost four decades, with companies saying the regulatory environment there makes it a difficult place to invest.
Exxon rival Chevron Corp, meanwhile, a strong critic of California’s policies, said this year it plans to move its headquarters from the state where it was born to oil friendly Texas.
A coalition of environmental groups including the Sierra Club appeared to join California's legal battle, filing a related lawsuit in the same state court in San Francisco, raising similar allegations against Exxon.
Bonta, a Democrat, said his office specifically had sought information on Exxon's promotion of its "advanced recycling" technology, which uses a process called pyrolysis to turn hard-to-recycle plastic into fuel.
He had said the technology's slow progress was a sign of Exxon's ongoing deception. He said he wants to secure an abatement fund and civil penalties for the harm inflicted by plastics pollution on California.
Exxon pushed back at the attorney general, arguing that solutions like advanced recycling work.
"Suing people makes headlines but doesn't solve the plastic waste problem. Advanced recycling is a real solution," said a spokesperson for ExxonMobil, adding that California has done "nothing to 'advance' recycling."
'UPHILL BATTLE'
Notre Dame Law School Professor Bruce Huber, who specializes in environmental law, said California may face an "uphill battle" with its lawsuit.
"The state's primary claim relies on public nuisance, a notoriously murky area of law. It could be difficult for a court to grant California relief here without opening a Pandora's box of other, similar claims," he said.
Exxon is the world's largest producer of resins used for single-use plastics, according to a report published last year by the Minderoo Foundation, with consultancies Wood Mackenzie and the Carbon Trust.
Reuters has reported on the enormous obstacles facing advanced recycling that the plastics industry touts as an environmental savior.
California's lawsuit comes ahead of a final round of global plastic treaty negotiations set to take place in Busan, South Korea, at the end of the year.
In those talks, countries are split over whether the treaty should call for caps on plastic production, a position opposed by Exxon and the global petrochemical industry.
The United States last month said it supports a treaty designed around global plastic production cuts.
Environmental groups praised the lawsuit. Christy Leavitt, Oceana's plastics campaign director, said California's lawsuit will "hold industry accountable and debunk the plastics recycling narrative that holds us back from real solutions."
