Exxon’s Legal Fight with California’s Attorney General Gets a New Twist

A Texas federal judge has cleared the way for ExxonMobil to sue California’s attorney general, Rob Bonta, over remarks about the company’s plastic recycling claims. Judge Michael J. Truncale ruled that Bonta cannot rely on official immunity for certain statements, including a campaign email sent to Texas residents. The judge noted that the email contained a link encouraging political contributions, which turned it into campaign activity rather than an official duty. Bonta had sued Exxon in September 2024, accusing the oil giant of misleading consumers into buying plastic products that were promised to be recycled. He argued that less than five percent of plastics actually become new plastic items, and that Exxon’s recycling processes are ineffective. In response, Exxon filed a defamation suit against Bonta in his personal capacity and also targeted environmental groups, claiming the comments harmed current and future business deals.The court dismissed the claims against the environmental groups but allowed the lawsuit to proceed against Bonta. Truncale highlighted the email in which Bonta stated, “Exxon Mobil knew, and Exxon Mobil lied, ” while warning that only a small fraction of plastic is truly recycled. The judge emphasized that the inclusion of a campaign contribution link made the email a political promotion, which is outside Bonta’s official responsibilities. Bonta, a Democrat, maintained that he was merely informing email recipients about his office’s activities. However, the judge concluded that the political nature of the message negated any claim to official immunity. The attorney general’s office has not yet replied to a request for comment. ExxonMobil issued a statement condemning what it called “a campaign of lies designed to derail our advanced recycling business. ” The company insists that its recycling initiatives are legitimate and that the blame lies with California’s inadequate recycling infrastructure.