Greenwashing on Trial: State of California v. ExxonMobil
In a landmark lawsuit, the State of California seeks to hold ExxonMobil accountable for misleading the public on plastic recyclability and polluting the environment.
Breaking the Ice:
On September 23, 2024, California Attorney General Rob Bonta filed a groundbreaking lawsuit against ExxonMobil, accusing the oil giant of a decades-long campaign of deception regarding plastic recycling. As the world’s largest producer of single-use plastic polymers, ExxonMobil has been a major contributor to the plastic pollution crisis. The lawsuit alleges that ExxonMobil deliberately promoted a "throw-away" lifestyle by encouraging the use of single-use plastics while misleading the public about the feasibility of recycling as a solution. Internal documents reveal that ExxonMobil knew since the 1970s that recycling was not economically or technically viable for most plastic products, yet the company continued to tout recycling to deflect criticism and maintain consumer demand.
The lawsuit claims that ExxonMobil's deceptive practices have exacerbated the plastic pollution crisis, particularly in California, where millions of tonnes of plastic waste have entered the environment over the past three decades. This pollution has disproportionately affected low-income communities and communities of color, who often bear the brunt of the environmental and health impacts. California’s action aims to expose the truth behind ExxonMobil’s misleading recycling campaigns and hold the company accountable for the harm it has caused to the state’s natural resources and public health.
Quick Melt:
The implications of this lawsuit extend far beyond corporate accountability, potentially establishing a new precedent for how companies are held responsible for environmental harm and deceptive marketing. At the heart of the case is ExxonMobil's promotion of recycling solutions, which internal documents reveal were known to be ineffective. Since the 1970s, the company promoted mechanical recycling while internally acknowledging its economic and technical limitations. Today, this pattern continues with "advanced recycling," which the lawsuit exposes as primarily converting plastic waste into fuel rather than new plastic products.
The lawsuit's findings are particularly damning regarding ExxonMobil's current recycling claims. While the company markets its advanced recycling program as creating a "circular economy" for plastics, the reality is starkly different. Only 8% of processed plastic waste becomes new plastic, with the remaining 92% converted to fuel or other non-plastic products. Moreover, products marketed as "certified circular polymers" contain less than 0.1% recycled content, effectively making them virgin plastics sold at a premium under misleading environmental claims.
California seeks comprehensive remedies, including an abatement fund to address pollution damage, disgorgement of profits from deceptive practices, and injunctive relief to prevent further misleading claims. If successful, this case could catalyze similar actions nationwide, fundamentally changing how corporations approach plastic production and sustainability claims. By challenging the recycling narrative, the lawsuit forces a crucial conversation about the need for systemic changes in plastic production and waste management, rather than relying on recycling as a purported solution to the plastic crisis.
The Thaw:
In this section, we typically unpack the scientific concepts discussed in each week’s post. However, this week we will defer to ProPublica’s June 20, 2024 article, "Selling a Mirage: The Delusion of ‘Advanced’ Plastic Recycling" in which author Lisa Song provides an excellent analysis of traditional mechanical and advanced (pyrolysis) recycling methods and their limitations.
For 50 years, the plastics industry has promoted recycling as a solution to the global waste crisis despite plastics being inherently difficult to recycle. The numbers tell a striking story: according to statistics compiled by Our World in Data, only 9% of the 5.8 billion metric tons of plastic waste produced globally since 1950 has been recycled. The remainder either languish in landfills or are exported to developing nations.
Single-use plastics (e.g., plastic bags, packaging, utensils, straws, etc.) comprise most of the plastic waste that escapes into the environment. Plastic does not biodegrade; instead, it breaks down into smaller pieces called microplastics, which have been found in drinking water, food, and even the air we breathe. In addition, microplastics have been found to accumulate in the human body: in our lungs, blood, and even in breast milk.
Through marketing and misinformation, the plastics industry has cynically attempted to shift the burden of environmental responsibility onto consumers. Meanwhile, the energy and industrial sectors account for most of the global waste problem. According to the Climate Accountability Institute, a mere 100 companies (led primarily by the fossil fuel industry), were responsible for 71% of global greenhouse gas emissions from 1988-2015. In addition to greenhouse gases, industrialization has introduced harmful chemicals into the environment, such as DDT and other persistent organic pollutants that threaten human health and wildlife. The reality is that much of the pollution from industrial activity, including the extraction of raw materials and transportation tied to global supply chains, is significantly underestimated, yet it has a vast and damaging impact on the environment and outweighs individual consumer actions.
Final Thoughts
The ExxonMobil lawsuit underscores the need for a new environmental paradigm—one that simultaneously addresses overconsumption, corporate responsibility, and the economic and power structures that have contributed to environmental injustice. Moreover, it needs to operate holistically rather than perpetuating the myth that individual recycling efforts alone can solve the global plastic and waste crises. To truly address the plastic crisis, bold regulatory action and systemic change are essential, alongside informed consumer behavior. Individuals have a role to play through their support for policy changes, advocacy for corporate accountability, and educating themselves on the realities of plastic waste and recycling.