A federal judge has ruled that ExxonMobil can pursue a defamation lawsuit against California’s attorney general, Rob Bonta, over his comments related to the company’s plastic recycling practices. U.S. District Judge Michael J. Truncale, from the Eastern District of Texas, concluded that Bonta cannot invoke official immunity concerning several statements he made, including those in a campaign email directed at Texas residents.
Bonta initiated a lawsuit against Exxon in September 2024, alleging that the oil company misled consumers into believing that plastic products they purchased would be recycled. He pointed out that less than 5% of plastic is ultimately recycled into new plastic products and asserted that the recycling methods promoted by Exxon do not deliver on their promises. Exxon countered by indicating that the issues lie with California’s recycling framework, rather than their business practices.
In response, ExxonMobil filed a defamation lawsuit against Bonta in his individual capacity, as well as environmental groups, claiming that Bonta’s allegations have negatively impacted their current and prospective business agreements. The lawsuit was lodged in Texas, where ExxonMobil is headquartered.
While Truncale dismissed the portion of the lawsuit aimed at environmental organizations, he allowed the case against Bonta to move forward. The judge highlighted a specific campaign email Bonta sent out, which stated that only 5% of plastics are recycled, asserting that the remaining waste contributes to environmental pollution and ends up in human bodies. Bonta’s email included a statement that “Exxon Mobil knew, and Exxon Mobil lied.”
Bonta, a Democrat, defended his actions by arguing that he was merely informing recipients about the activities of his office. However, Truncale indicated that the presence of a campaign contribution link within the email transformed it into a political solicitation, and therefore, not protected under the immunity usually afforded to officials acting in their official capacities. “Here, the contribution request betrays the email’s true nature: a campaign promotion. Campaigning is not within Bonta’s scope of employment,” Truncale wrote in his ruling.
Bonta’s office has not responded to inquiries for comments regarding the ruling. Meanwhile, ExxonMobil released a statement asserting that the “campaign of lies designed to derail our advanced recycling business must stop.” The case marks a significant legal development in the contentious arena of environmental policy and corporate accountability, raising questions about the responsibilities of public officials in discussing industry practices.
