11/07/2024

ExxonMobil Aims to Fight Plastic Pollution Suit in Federal Court

BNA Environment & Energy Report | Drew Hutchinson | Nov. 4, 2024

ExxonMobil Aims to Fight Plastic Pollution Suit in Federal Court

BNA Environment & Energy Report | Drew Hutchinson | Nov. 4, 2024

ExxonMobil Corp. is attempting to move California’s plastics lawsuit to federal court, saying the case involves navigable waters and actions taken under the federal government’s direction.

California’s recent lawsuit, which accused the company of worsening a global plastics pollution crisis, should land in the US District Court for the Northern District of California because that venue has the authority to handle cases about acts on navigable waters, ExxonMobil wrote in a Nov. 1 removal notice.

Rob Bonta, the state’s Democratic attorney general, said ExxonMobil harmed California’s coasts and waterways by promoting all plastics as recyclable when few were, which caused consumers to buy more single-use plastics, according to his Sept. 23 complaint filed in San Francisco County Superior Court.

“State courts are not an appropriate venue to address this complex, international challenge,” a company spokesperson said in an emailed statement. “ExxonMobil remains focused on working with government at all levels and taking meaningful action to enable a circular economy and reduce plastic waste by increasing plastic recyclability.”

California also said ExxonMobil’s plastic polymers production resulted in waste exports to other countries, allegations that are “inherently connected to shipping on maritime vessels,” according to the notice.

The original complaint also mentions California’s fishing economy, which constitutes alleged harm to maritime commerce—another reason for federal removal, the company said.

“We are reviewing the matter and will respond appropriately in court,” a spokesperson for the California Department of Justice said.

ExxonMobil also invoked the federal contractor defense, which can help shield companies from liability for activities taken under the federal government’s direction.

The company participated in the synthetic rubber industry during World War II under the “subjection, guidance, or control” of the government to aid the war effort, ExxonMobil said.

Bonta’s lawsuit traces ExxonMobil’s alleged plastic pollution to some of the products that exist partially because of the “government-directed” wartime synthetic rubber industry, the notice says.

“The synthetic rubber industry was created under the control of the federal government during World War II, advancing the state of the industry by decades,” the notice says.

O’Melveny & Myers LLP represents the company.

The California Department of Justice represents the people of California.

The case is People v. ExxonMobil Corp., N.D. Cal., No. 3:24-cv-07594, removal notice filed 11/1/24.