People v. Exxon Mobil Corp.

California Attorney General Rob Bonta filed a complaint in California Superior Court against Exxon Mobil Corporation (ExxonMobil) alleging that the company “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.” In addition, the complaint alleged that ExxonMobil deceived Californians “by promising that recycling could and would solve the ever-growing plastic waste crisis.” California’s complaint included allegations that ExxonMobil misled customers regarding greenhouse gas reduction benefits of its “advanced recycling” process. The complaint asserted that claims of significant greenhouse gas reductions through advanced recycling “are based on selective data presentation and problematic assumptions that mislead consumers.” The complaint asserted causes of action for public nuisance under the California Civil Code; for equitable relief for pollution, impairment, and destruction of natural resources under California Government Code Section 12607; for water pollution under the California Fish and Game Code; and for violations of the False Advertising Law, Environmental Marketing Claims Act, and Unfair Competition Law. The complaint requested that the court compel the defendant to abate the public nuisance, including through establishment of an abatement fund and that the court also order ExxonMobil to cease and desist public statements related to its plastic operations, including statements regarding “advanced recycling.” Other relief sought included temporary and permanent equitable relief to prevent pollution, impairment, and destruction of natural resources, as well as civil penalties and disgorgement.