Sierra Club v. Exxon Mobil Corp.

The federal district court for the Northern District of California granted in part and denied in part Exxon Mobil Corporation’s (Exxon’s) motion to dismiss environmental organizations’ lawsuit seeking to hold Exxon liable for its alleged contributions to plastic pollution in California. The organizations’ complaint included allegations regarding the greenhouse gas emissions associated with “advanced recycling.” The court rejected Exxon’s contention that it lacked personal jurisdiction over Exxon and found that the environmental groups’ complaint adequately stated a public nuisance claim with allegations that Exxon’s conduct was a “substantial factor” in California’s “plastic pollution crisis” and that Exxon foresaw the harm that allegedly had resulted from its single-use plastics business. The court dismissed the organizations’ claim of Unfair Competition Law violations but denied Exxon’s motion to strike allegations under California’s anti-SLAPP (Strategic Litigation Against Public Participation) law. The court found that anti-SLAPP law’s Public Interest Exemption applied.

The federal district court remanded to state court the State of California’s lawsuit regarding Exxon Mobil Corporation’s (ExxonMobil’s) contributions to “ever-increasing plastic pollution.” The court denied a motion to remand a similar lawsuit brought by environmental groups. Both the State and the environmental organizations’ lawsuits include allegations that ExxonMobil misled the public about the greenhouse gas reduction benefits of “advanced recycling.” In the environmental groups’ lawsuit, the plaintiffs conceded that diversity jurisdiction was proper but argued that the federal court should abstain from considering their case based on Younger or Colorado River abstention.