Why is ExxonMobil Suing California’s Attorney General?

ExxonMobil filed a lawsuit against California Attorney General Rob Bonta and five environmental groups on 6 January 2025. 

The suit accuses them of defaming and disparaging Exxon’s recycling efforts.

In its complaint, Exxon said: "Instead of coming alongside efforts to support a developing technology ... Defendants are repeatedly and publicly attacking ExxonMobil with false accusations of being a 'liar' and declarations that advanced recycling is a 'myth' and a 'sham'".

This comes after a variety of lawsuits against the oil giant, including one from California’s Attorney General in September 2024 that alleges it “caused or substantially contributed to the deluge of plastic pollution that has harmed and continues to harm California’s environment, wildlife, natural resources and people”.

Exxon is asking for undisclosed damages and a retraction of what it says are defamatory statements. 

Robert Little, Sustainability Strategy Lead for gTech at Google, wrote on social media: “What fascinates me most about this case is what it says about not just the facts and progress of recycling, but about the fiery sentiments on all sides surrounding it.

“This legal battle underscores the complexities of the plastic pollution issue and the challenges in finding effective solutions. It also highlights the need for transparency and accountability from corporations in their environmental commitments.”

What is in ExxonMobil’s lawsuit?

The case lists defendants Heal the Bay, Inc., Intergenerational Environment Justice Fund Ltd., Baykeeper, Inc., Surfrider Foundation, Inc., Sierra Club, Inc. and Robert Andres Bonta.

The lawsuit accuses the California Attorney General of working with a law firm called Cotchett, Pitre & McCarthy LLP that has ties to a non-profit controlled by technology, energy and metals group Fortescue’s founder.

It says that Fortescue competes with Exxon in the energy transition sector and low-carbon solutions. 

Exxon says the law firm recruited environmental groups as plaintiffs in a lawsuit against the company and contributed to the California Attorney General’s political campaign. 

A spokesperson for the California Justice Department said: "This is another attempt from ExxonMobil to deflect attention from its own unlawful deception. The Attorney General is proud to advance his lawsuit against ExxonMobil and looks forward to vigorously litigating this case in court."

ExxonMobil’s advanced recycling

In 2023, Exxon launched an “advanced recycling” plant that uses its Exxtend technology in Baytown, Texas, USA as an addition to its existing petrochemical refinery complex. 

Exxtend technology can "certified-circular plastics are identical to our existing products", the company says.

The company says the plant is capable of breaking down 36,000 tonnes of plastic per year.

In November 2024, it announced an expansion to its advanced recycling capacity with a planned US$200m investment to build additional units. 

Exxon says it plans to reach a global recycling capacity of one billion pounds per year by 2027. 

“We are solutions providers, and this multi-million-dollar investment will enhance our ability to convert hard-to-recycle plastics into raw materials that produce valuable new products,” said Karen McKee, President of ExxonMobil Product Solutions. 

“At our Baytown site, we’ve proven advanced recycling works at scale, which gives us confidence in our ambition to provide the capacity to process more than one billion pounds of plastic per year around the world. 

“We’re proud of this proprietary technology and the role it can play in helping establish a circular economy for plastics and reducing plastic waste.”

Mike Zamora, Senior Vice President, ExxonMobil Product Solutions, wrote in a blog post: “Our Baytown plant processes plastic waste that’s difficult to recycle. We’re taking films, plastics with residue from food, motor oil bottles, artificial turf, dry cleaner bags, bubble wrap and more. 

“Our process is efficient, converting about 90% of the plastic waste into raw materials. ISCC PLUS, a third-party audited approach, certifies the process and the new ‘certified-circular plastic’ we sell. 

“This is how our customers can be sure their purchase contributes to giving plastic waste a new life and keeping plastics away from landfills.”

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