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The Courts

California Sues ExxonMobil For Alleged Decades of Deception Around Plastic Recycling (cnn.com) 171

An anonymous reader quotes a report from CNN: California Attorney General Rob Bonta filed a lawsuit against ExxonMobil on Monday alleging the company carried out a "decades-long campaign of deception" in which the oil and gas giant misled the public on the merits of plastic recycling. The complaint accuses the company of using slick marketing and misleading public statements for half a century to claim recycling was an effective way to deal with plastic pollution, according to a press release from Bonta's office published Monday. It alleges the company continues to perpetuate the "myth" of recycling today. The case, filed in the San Francisco County Superior Court, seeks to compel ExxonMobil "to end its deceptive practices that threaten the environment and the public," the statement said.

Bonta is also asking the court to rule ExxonMobil must pay civil penalties, among other payments, for the harm inflicted by plastic pollution in California. "Plastics are everywhere, from the deepest parts of our oceans, the highest peaks on earth, and even in our bodies, causing irreversible damage -- in ways known and unknown -- to our environment and potentially our health," Bonta said. "For decades, ExxonMobil has been deceiving the public to convince us that plastic recycling could solve the plastic waste and pollution crisis when they clearly knew this wasn't possible. ExxonMobil lied to further its record-breaking profits at the expense of our planet and possibly jeopardizing our health," he said. [...]

Lawsuits against oil and gas companies for their role in climate change and air pollution are becoming more common, but Monday's is the first in the country to take on a fossil fuel company for its messaging around plastic recycling. The statement said that ExxonMobil "falsely promoted all plastic as recyclable, when in fact the vast majority of plastic products are not and likely cannot be recycled, either technically or economically." The lawsuit also alleges Exxon "continues to deceive the public by touting "advanced recycling" as the solution to the plastic waste and pollution crisis." Advanced -- or chemical -- recycling is a technology promoted by many oil companies, but which has been plagued by missed targets, closed or shelved plants and reports of fires and spills. [...] At the heart of the suit is the allegation ExxonMobil's messaging caused consumers to buy and use more single-use plastic than they otherwise would have.
In response to the lawsuit, ExxonMobil pointed the finger back at California, which it said has an ineffective recycling system that officials have known about for decades: "They failed to act, and now they seek to blame others. Instead of suing us, they could have worked with us to fix the problem and keep plastic out of landfills."

ExxonMobil contends chemical recycling does work. "We're bringing real solutions, recycling plastic waste that couldn't be recycled by traditional methods," the company said in a statement.

A copy of the Attorney General's complaint can be found here (PDF).
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California Sues ExxonMobil For Alleged Decades of Deception Around Plastic Recycling

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  • by Baron_Yam ( 643147 ) on Monday September 23, 2024 @10:37PM (#64811633)

    We know plastic can't be recycled economically. We know plastic manufacturers have been engaging in PR campaigns to deceive us into thinking recycling was the answer. Now they're blaming us for not catching on faster.

    Somewhere there must be a wall we can line the execs up against before we shoot them.

    Barring that, there are trillions and trillions of dollars needed to clean up the mess and trillions more needed to wean us off plastics. We need to be taxing that stuff at the source starting about 1970, collecting sufficient funds to cover collecting used plastic and heating it until the atoms that make it are separated from each other, then collecting the separated elements. Plus a bit more to cover the cost of cleaning up environmental plastic that we've just been dumping on the planet for decades. ...and a tiny bit more to fund a nice wall and some bullets.

    • by Kokuyo ( 549451 )

      You sure? Wasn't it more of a matter of us demanding recycling, them telling us it can't be done and we going "...or ELSE!" in their face?

    • ...he said, certainly posting from a device that wouldn't exist without plastics.

    • Somewhere there must be a wall we can line the execs up against before we shoot them.

      Why damage and soil a perfectly good wall? Back them up to the edges of excavations for windmill towers, shoot'em, and start pouring the concrete. Minimal cleanup, and they can be 'foundational' in efforts to undo the damage they've wrought.

    • by saider ( 177166 )

      The people you want to shoot are already long dead. Everyone involved now has just inherited this problem. Nobody alive actually caused it.

    • Somewhere there must be a wall we can line the execs up against before we shoot them.

      There was supposed to be, but Mexico refused to pay for it. ;)

    • by 0xG ( 712423 )

      My house has a few walls, I would be most happy to loan them out for this.

    • Re: (Score:3, Informative)

      by gillbates ( 106458 )

      Disclaimer: I make a living in the plastics recycling industry.

      "falsely promoted all plastic as recyclable, when in fact the vast majority of plastic products are not and likely cannot be recycled, either technically or economically."

      This statement is just plain false. The vast majority of plastics can be recycled technically, and the question is not "can we do it?" but, "is there a market for it?" At the most basic chemistry level, plastics can be broken down into their constituent elements, but in

      • by Bahbus ( 1180627 )

        Plus, didn't /. just have an article yesterday about a newer, better plastic recycling process?

      • Nice try, ExxonMobil.

      • When someone asks, "Is this product recyclable?" they are not asking, "Is there any known physical process, no matter how expensive or impractical, by which it could theoretical be recycled?" That isn't what the word means to most people. Here is what they are actually asking. "If I put it in my recycling bin, will it get recycled?" If the answer is no, then it's not recyclable.

        That means a product might be recyclable in some places and not in others. But usually it doesn't matter. Most plastic produc

        • Let me put it more succinctly: Any city with a population of more than half a million people could build a recycling facility that would recycle most of the plastics used in consumer packaging. And my company would gladly build that facility for you - we have turnkey solutions available right now. Most of the consumer items with the recycling symbol on them can be recycled by a modern facility. Whether they choose to recycle the plastics, or send them to a landfill is a question of economics and politic

          • You know what fixes the problem? Taxing at the point of manufacture to cover the recycling, with a rebate when the product is recycled.

            Anything less means an economic advantage to polluters.

            • Which would make a bit more sense than suing not the maker of plastic products, nor the vendor, but the supplier of raw materials.

  • I'm good with this (Score:3, Interesting)

    by will4 ( 7250692 ) on Monday September 23, 2024 @10:40PM (#64811643)

    Exxon, Chevron, and the majors should all clean things up. Stop selling oil, gasoline, diesel and oil products in California in 30 days.

    It will help California to not collect the 60 cents of state-level gasoline tax per gallon https://www.nbcsandiego.com/ne... [nbcsandiego.com]

    It will also help California not collect the $7+ billion in gasoline taxes each year. https://advocacy.calchamber.co... [calchamber.com]

    This is the same thing that Puerto Rico tried a while back to get a never-ending tax/penalty revenue stream from the oil companies, just like the big tobacco settlement did 20 (?) years ago in the USA.

    I'm good with the oil majors pulling out of California. At some point they will pull out of a state that a) wants the tax money / sin tax money, and b) wants a political campaign - oil is evil, and c) wants to provide work for an army of government bureaucrat regulators and safety inspectors

    • When will the amount of regulation and industry targeting by the government will seriously break a fundamental part of the economy.

    • by ArchieBunker ( 132337 ) on Monday September 23, 2024 @10:53PM (#64811657)

      This is the same thing that Puerto Rico tried a while back to get a never-ending tax/penalty revenue stream from the oil companies, just like the big tobacco settlement did 20 (?) years ago in the USA.

      What dumb shit conservative talking point is this? You want to know why big tobacco settled? It's very simple actually.

      Here is video of tobacco executives in court and under oath saying nicotine is not addictive. https://senate.ucsf.edu/tobacc... [ucsf.edu]

      That's why they had to pay billions of dollars. Not that big government is picking on the poor little tobacco companies. Because they claimed for years their products were safe and non addictive and slowly poisoned people.

      Honestly, the best thing that could ever happen in the world now is telling the middle east we no longer need their product.

      • The tobacco settlement established that a large number of attorneys + state governments could take on and win a multi-decade revenue stream from a very large industry.

        These more modern attempts, while not having the same evidence of harm as tobacco, are just modern attempts to get the multi-decade revenue stream paid from a very large industry to state governments.

        It's not left, right or center politically. It's not a defense of oil industry and plastics. It's about how to find a workable solution which do

        • There's a large group of people that when shown attorneys on one side of the room, and tobacco execs on the other side, will claim the attorneys are the most evil despite the tobacco execs having the actual massive body count.

      • by Luthair ( 847766 ) on Monday September 23, 2024 @11:04PM (#64811667)
        Don't forget the lead industry pulled the same nonsense in claiming their product was safe and tried to railroad critics. https://en.wikipedia.org/wiki/... [wikipedia.org]
        • Don't forget the lead industry pulled the same nonsense in claiming their product was safe and tried to railroad critics. https://en.wikipedia.org/wiki/... [wikipedia.org]

          Yes, as much as "the greatest generation" gave us, they also knowingly poisoned their children.

          And so it goes...

      • Honestly, the best thing that could ever happen in the world now is telling the middle east we no longer need their product.

        That would be a good idea if you could actually do it. As far as the OP's point is a conservative talking point, it's not actually wrong. Gasoline taxes make up a huge amount of a state budget, so much so that new taxes are being invented for the advent of largescale EV adoption.

        But before we even talk about budgets, let's talk about life itself. Let's cut off oil and gas. Now I'll leave it up to you to stand in front of the angry people who can't heat their homes, can't make their cars go, and can't keep t

        • We're in a quandary. All these inexpensive fuels have not just fueled a growth in pollutants, they have fueled a growth in population. We have an exponentially growing population which is supported by oil. This is primarily because of the creation of synthentic fertilizers which needs a lot of energy, and those fertilizers make it possible to feed the large human population. Today one could swap to renewables for the power, relaxing the need to always be nice to the Saudis. But cheap oil also led to oth

          • More generically restating this:

            1) How can we get from here to there in terms of energy production, consumption, environment, jobs, economy, quality of life, education, etc.?
            2) Having a bunch of politicians / regulators go after companies in and around election time to 'look tough', 'get reelected', 'align themselves for the next political office' seems to not be working.
            3) How can we have a left, right and center of the political spectrum a reasoned discussion of priorities, how to rank the priorities, how

    • Exxon Valdeze (Score:5, Interesting)

      by will4 ( 7250692 ) on Monday September 23, 2024 @10:54PM (#64811659)

      After the Exxon Valdeze 1989 oil spill ecological disaster, Exxon and the major oil companies sold all of their transport ships, transport barges (to Kirby corp), etc. to other companies to get out of the liability of transporting crude oil.

      Expect something similar to happen with California where the oil majors essentially will have no assets in California to sue, no money in California and gasoline sold to middlemen who then sell it in California and the middlemen are incorporated outside the USA.

      • Mr. Exxon, is that you?

      • Simply pointing out California's at opposition objectives of collecting tax revenue from oil companies and demonizing the oil companies brought out the knee-jerk responses.

        Yes. Bhopal Union Carbide is another example, lead paint / lead in gasoline another, Love Canal another, open pits for storing oil and chemicals another, testing chemical wearpons just outside Washington DC for WWI (now covered over by houses) is another, dumping tires and batteries off Florida coast another, teflon production turning roc

        • by Required Snark ( 1702878 ) on Tuesday September 24, 2024 @12:36AM (#64811791)
          "demonizing the oil companies"

          Actually oil companies are demons. They don't need anyone to demonize them, just someone to reveal what they are really doing.

          The prototype of demon corporations were the tobacco companies. They sold a product that was addictive and killed people and they knew it. Then they lied to everyone, employed bogus science, bought legislation and legislators, and covered up their crimes. When there was finally a reckoning those responsible essentially got away with it. They kept their billions of dollars and victims were never given adequate compensation. The only positive result was that people mostly stopped smoking so there were fewer new victims. The Sackler family did the same thing with Oxycontin and so far they seem to be getting away with it too.

          The oil/fossil energy companies use identical tactics to the old tobacco companies and they continue to work. Fossil energy kills a lot of people outright and makes huge profits. However there is one critical difference; fossil energy is destroying the entire ecosystem, not just destroying individuals. Without a viable environment the lack of new victims will be due to everyone being dead, which seems like a really bad outcome.

          At this point it's very clear that there are viable replacements for fossil energy using renewables. Like tobacco, fossil energy is addictive and hard to quit, but not quitting is the path to death/extinction. It's far beyond the fate of any single individual or institution.

          Plastic recycling is just a microcosm of the larger much more terrifying problem. As long as those who are getting rich by using the old tricks continue to get away with it the future looks bleak for everyone.

          So yes, they are demons, and they seek destruction and they seem to be succeeding.

          • Give up all of your usage of oil, including what you already have, starting today. I'd say come back and tell us what it's like in a month, but you won't have access to anything and you'll be dead unless you're skilled at hunting and gathering and using a bow and arrow. Go Watch Naked and Afraid to get some idea of what life is like without oil. Then go read the article on science.org about how cleaning up ship fuel may have royally f'd us.

            Modern civilization is built on oil. Plastic recycling happens today

            • by AmiMoJo ( 196126 )

              How about instead we make the oil companies help us transition away from oil? Seems fair, since they made massive profits off these lies.

              They can do it willingly and set themselves up to have a viable renewables and recycling business, or we can just use lawsuits to extract the money and they get nothing in return.

            • Can't go hunting and gathering in most parts of the world; unless you have your own private land for it. Can't hunt on public lands most places, so you end up poaching instead. Absolutely there is not enough land for everyone to go this route, we'd have to go back to an 1800s level of population for that.

          • So yes, they are demons, and they seek destruction and they seem to be succeeding.

            You act as if most people wouldn't make the same choice regarding easy money. Something does need to be done, but invoking demonology is not going to keep things rational.

          • When your mansion is paid for through dubious actions, then it's no surprise that the execs will put their morality aside and do whatever it takes to keep the money flowing. Absolute power and all.

            But they're also real people, who were presumably raised with a set of normal values. Which leads to the snag: cognitive dissonance, A part of them is making money by doing evil, the other part of them has proper humane values, and so the opposition of those two ideas in one brain will struggle to make sense of

      • If this case is successful, ExxonMobil will be on the hook for crimes they can't escape by the methods you describe.

        It's all stuff that's been well-known but not well publicised for a while. For it to go on the legal record is a step towards actually doing something about it at a systemic level. Like when the lying the US tobacco industry were engaged in was exposed in a court case in the 1980s, & it led to increasingly stronger & more effective systematic regulations aimed at reducing tobacco co
      • Sure. They've been doing this since the nineties at least...f'rinstance I worked at a firm that was created so that Shell & Arco could leave Ca. (I think it was those two, their web page won't admit its origins any more)

        There always seem to be a new bidder when companies bail.

    • Please resume taking your medication. You're losing touch with reality again.
      • by leonbev ( 111395 )

        Their medications are probably packaged in plastic, like most medications are. Wouldn't that just make the problem worse?

        • Well, I guess once things are back to normal, he could look into sourcing his medications from an apothecary that puts the pills in glass bottles, like they used to?
  • by seichert ( 8292 ) * on Monday September 23, 2024 @10:46PM (#64811649)

    Ten years ago, if you claimed plastic recycling was an oil industry hoax, you would have been called a nut. A recycling and climate change denier. Now, totally mainstream consensus opinion.

    • by will4 ( 7250692 ) on Monday September 23, 2024 @10:49PM (#64811653)

      Plastics industry executive came out ~5 years, conveniently at/after retiring, saying that the entire 1980s plastic recycling and labeling different grades of plastic for recycling was an advertising PR move since there was no viable way to recycle large amounts of plastic.

    • by ArchieBunker ( 132337 ) on Monday September 23, 2024 @11:05PM (#64811669)

      The oil companies are notorious liars. https://www.wired.com/2013/01/... [wired.com]

    • Ten years ago, if you claimed plastic recycling was an oil industry hoax, you would have been called a nut. A recycling and climate change denier. Now, totally mainstream consensus opinion.

      The problem is labelling something concept. Plastic recycling isn't a hoax, it is something that we can objectively do, in fact we have multiple different processes to do it, and we do so in some capacity on an industrial scale already (the coke I'm drinking right now is in a 100% recycled plastic bottle).

      The issue is economics. It's expensive, no one wants to pay for it. That doesn't make it a hoax. That doesn't mean plastic isn't recyclable. It just means the idea doesn't suit our never ending desire to r

    • Plastic bags are nothing, look at all the shit ton of plastic just for product packaging. You were a fool to think plastic was easily recyclable. They need to burn this shit the right way and make energy out of it so it doesnt end up in the ocean of wash up to islands (go to any Caribbean island, shit floats to shore and trash just piles up on islands because shit arrives on islands and shit cant leave).
  • by Rick Schumann ( 4662797 ) on Monday September 23, 2024 @11:18PM (#64811689) Journal
    Gen-X here, by the way; relevant since I grew up in a world where there was somewhat less proliferation of single-use plastic products.

    So we admit that recycling is bullshit, as if many of us hadn't figured that out quite some time ago. So, now what? We can go back to glass bottles instead of plastic ones, sure, and the soda companies and others will cry and whine about the cost of handling them. We still use aluminum cans for things -- but aren't they plastic lined? Plastic wrap keeps many perishables, like meat, from getting contaminated, and from leaking all over the place; do we go back to paper and put up with the problems that presents?

    Basically: what are the alternatives for everything using plastics in single-use scenarios? Or are plant-based plastics, that are biodegradable, acceptable substitutes, or are there downsides to them that are deal-breakers?

    I know this is a big subject, and I think this is one of the places where it can begin to be discussed. Like with so many things, we can't keep doing things the same way anymore.
    • Or are plant-based plastics, that are biodegradable, acceptable substitutes, or are there downsides to them that are deal-breakers?

      The useful plant-based plastics sold as biodegradable don't actually break down much faster than petrol plastic.

    • by penguinoid ( 724646 ) on Tuesday September 24, 2024 @02:56AM (#64811975) Homepage Journal

      A stupidly simple method is to just put a tax on it. This will encourage switching to an alternative if possible, but still allow use of the thing when needed. The examples you listed would probably be among the last to go, but maybe they'd decide we don't need to have everything in clamshell packaging shipped in a giant cube of styrofoam.

      Or we could ban plastic straws, to punish people for complaining while accomplishing nothing.

    • by leonbev ( 111395 )

      Penn and Teller did a documentary on their BS show showing that plastic recycling was BS all the way back in 2004. It was on Showtime, you might be able to find a copy of it somewhere. I'm curious why the rest of the world took so long to notice?

  • Please stop selling your products in California.

  • To exxcoriate a company for executing on its core competency!

  • First of all, we know that plastic can be recycled. It's done in the EU. We also know that it's cheaper to use non-recycled plastic, so there's need for laws to help the cycle work. We also know that not all plastics can be recycled, so there's need for laws that force using recyclable plastics. And sure, according to stats online only about 40% of plastic is recycled in the EU, but that's about 40% more than in the US.

    So what is the US doing? Gives up. What does this lawsuit achieve? Absolutely nothing. Is

    • by Luckyo ( 1726890 ) on Tuesday September 24, 2024 @02:42AM (#64811945)

      >It's done in the EU

      It is not done in EU. We have fundamentally three modes of plastic recycling. From smallest to largest:

      PET bottles. Well identified plastic type, with specific cleanliness level, presorted, etc. The only plastic that is actually recycled.
      General plastics. Everything else. There are bins for it now due to regulation. It is not actually recycled to any meaningful degree beyond sloganeering. Most of it goes down three paths: local landfill, export for "sorting" actually going to foreign landfill (this is why it was a massive crisis when certain Asian countries banned import of general plastics) and finally the main form of actually handling general plastic garbage that actually works.
      Burning it in place of fossil fuels.

      The problem is that activists are trying to reduce the last one in favor of the one in the middle. Which is leading to massive problems for the environment.

      • by ET3D ( 1169851 )

        To quote from an article:

        "According to the latest statistics, 35% of post-consumer plastic waste went to recycling, 42% to energy recovery and 23% to landfill in 2020"

        I'd be interested in some links to some proof to what you're saying, because when I search I don't find that. I find things like the quote I posted above. Which basically says that things work reasonably well in the EU.

        • by Luckyo ( 1726890 )

          Notice that they don't detail what "plastics recycling" entails. You will find a lot of self-congratulatory marketing from the likes of EU parliament, like these:

          https://www.europarl.europa.eu... [europa.eu]

          Notice that they never clarify what "recycling" entails. It's never counted. But what we do know is that every time a new nation that used to be target of "sorting services for plastic recycling" bans imports of dirty plastics, we get massive pileups of "plastics to be recycled" until new deals are signed with anoth

          • by ET3D ( 1169851 )

            Thanks for the response. I managed to find this article https://www.epsu.org/sites/def... [epsu.org] which has quite a few details about what's actually happening, including the overestimates of recycling and the problems with burning waste for energy. The article estimates actual plastic recycling at 14%.

            • by Luckyo ( 1726890 )

              For the record, overwhelming majority of problems with waste burning are the old claims of "certain things that are emitted". For example one line of people who clearly never saw inside of a trash burning facility in their life tried to claim that modern plastics burners emit a horrible amount of dioxins. And linked a study which had a headline that made him think it supported his narrative but in reality... debunked that claim entirely if you actually read the contents of the damn thing.

              This has become a s

  • Let's say we need to package a wet sandwich and make it last a week on its way to a customer without the container suffering any level of decomposition. If not plastics, then what? It's easy to point the finger. It's not easy to find VIABLE alternatives. Perhaps there should be a rule that you are not allowed to suggest phasing out plastics unless you offer a viable replacement advice in return.

    • by flink ( 18449 )

      Stop trying to ship around so many disgusting, week-old sandwiches? Have the ingredients on hand and make the sandwich when you want to eat it. Yes some plastic use continues to be necessary for sanitary reasons or because it's the only way to ship certain things, but we can definitely cut down on a lot of purely cosmetic packaging. Maybe we also have to accept a little less convenience packaging and make our own sandwiches more often. People got by before bringing a lunch pail to work.

  • ... it's Exxon's fault that various governments have been making us sort plastics and pay to have them supposedly recycled, instead of just more safely putting them in the ground?

    I don't think it was Exxon who was gonna send around the guys with guns if I didn't comply.

    • Re:So ... (Score:5, Interesting)

      by leonbev ( 111395 ) on Tuesday September 24, 2024 @07:18AM (#64812295) Journal

      Yeah, that's the interesting thing about this. California has known that recycling plastic doesn't work for years now, yet they still require their citizens to do it.

      Does that means that California residents should sue the state for their part in perpetuating the lie?

  • Let me know how that works out for you.
  • Can you really sue someone for telling you a lie you wanted to hear when you knew it was a lie?

    The public lied when they said they wanted plastic to be recycled. The public wanted to be lied to so they could feel good about themselves. Politicians went along with the lie because a small vocal minority could be placated by pretending to be environmentally concerned without spending very much. There has never been any evidence that most plastic was being recycled. Engineers where telling us in the 80s
    • by Big Boss ( 7354 )

      Yup. They were deceived because they wanted to be. They wanted to think this would make their waste better. I can't even complain too much as I bought it initially too. But as I looked into it, I realized it was 99% BS. Some recycling happens, only the most profitable though. Metals often are, fair bit of paper, but plastic? Not so much. It could be, at least some of it, but it's too expensive to do compared to fresh material. I am required by my city to have and pay for a recycling bin, so I do try to at l

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