California has fired a new salvo in the ongoing battle against corporate giants by accusing Exxon Mobil of perpetuating a dangerous myth about plastic recycling. In a groundbreaking lawsuit, the state claims that for decades, Exxon misled the public into believing that recycling plastic was far more effective than it actually is. This deception, California argues, not only fueled a “throwaway culture” but also contributed to widespread environmental damage.
At the core of this legal clash is the concept of public nuisance—a centuries-old legal doctrine. Traditionally applied to issues like blocking public roads or polluting waterways, California is taking a bold step by accusing Exxon of indirectly causing mass pollution through deceptive marketing practices. The state contends that by promoting false solutions to plastic waste, Exxon has made itself liable for the abatement costs of the resulting environmental crisis.
Public nuisance claims like this are nothing new to California, which has successfully used the theory in previous cases, from gang activity to opioid addiction. This latest case, however, marks a fresh approach in tackling corporate responsibility for environmental degradation, particularly in the realm of plastics.
Exxon has denied the accusations, asserting that recycling works and blaming the state for failing to address its own recycling infrastructure problems. Yet, California’s case is part of a broader trend of governments using public nuisance laws to challenge corporate behaviors—whether it’s in relation to fossil fuels, opioids, or now, plastics.
As legal battles unfold, the outcome of this lawsuit could set a powerful precedent, not just for the plastics industry but for future efforts to hold corporations accountable for their environmental footprint. And even if the public nuisance claim is dismissed, California’s lawsuit, backed by other claims of false advertising and unfair business practices, remains a formidable threat to Exxon.
