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The Surfrider Foundation (“Surfrider”), along with Heal the Bay, Sierra Club, and San Francisco Baykeeper, filed a lawsuit today against ExxonMobil (“Exxon”) in San Francisco Superior Court. We allege in our complaint that Exxon covered up the truth about the dangers of the single-use plastics it produces, and that Exxon knowingly caused the public to believe that single-use plastics can be safely disposed of, despite knowing otherwise, thereby directly contributing to the plastic-pollution crisis. Our complaint alleges violations of California nuisance law and California unfair competition law and we are asking the court to hold Exxon accountable. Niall McCarthy, Tyson Redenbarger and Grace Park of Cotchett, Pitre, McCarthy are representing Surfrider and our NGO partners in this lawsuit.
Exxon is the world’s largest multinational producer of these single-use plastic polymers, and promotes, markets, and sells its gasoline and other fossil fuel products, including single-use plastic products, to California consumers. As alleged in our complaint, Exxon fully knew and understood that its single-use plastic products could not be safely discarded, knew these products were causing serious harm, and yet engaged in a decades-long campaign to conceal these truths, while allowing the public to believe the opposite, thus significantly contributing to the deluge of plastic waste.
Exxon held the number one spot in the list of contributors to single-use plastic waste in 2019, according to the Minderoo Foundation’s Plastic Wastemaker Index, and took the crown again in 2021! Additionally, an NPR report from 2020 revealed that, according to internal documents obtained from fossil fuel giants, they knew recycling wouldn’t solve the environmental crisis and keep plastic out of landfills. As indicated in a report by the Center for Climate Integrity, Exxon spent millions of dollars on public relations efforts to shape consumer’s perception of recycling.
Single-use plastics are designed to be just that — used once and discarded. Single-use plastics are made from plastic polymers, which come from fossil fuels such as oil and gas.
The fact is, plastics won’t just "go away." Once in the environment, plastics will never completely disappear. Instead, plastics break down into smaller pieces called microplastics. Microplastics are toxic and coexist with wildlife and human life, and are present in the air we breathe, the water we drink, and in the soil where our food and plants grow, making their way into the food we eat, and into our bodies. A recent study published by the New England Journal of Medicine revealed that in the over 300 human patients studied, 58% of patients had micro- and nanoplastics in their carotid artery plaque, and these plastics contribute to increased risk of heart attack and stroke. Everywhere we turn, we’re finding microplastics in new places, as discussed in a recent Surfrider blog.
Despite the pressure on consumers to recycle, the truth is that we cannot recycle our way out of the plastic pollution crisis. Even with recycling programs in place, less than 5% of plastic is actually recycled into another plastic product in the U.S., despite so many single-use products being labeled as “recyclable." Plastic recycling is a facade; we cannot “safely” dispose of plastics. The only viable solution to the never-ending stream of plastic waste and the associated harms to the planet and to life is to stop single-use plastics from entering the market! Or at least for plastic producers to be honest with consumers about where these products will actually end up so we can make informed decisions.
On April 28, 2022, California Attorney General, Rob Bonta, launched an investigation into Exxon (and other fossil fuel industry giants) for their role in the plastic pollution problem. In 2021, the State of California adopted Senate Bill 343 to outlaw the use of the recycling symbol on products without substantial proof that such products are not environmentally harmful. But that isn’t enough.
It’s long past time to hold companies like Exxon accountable for their production of plastics, and our lawsuit aims to do just that. “Surfrider has been fearless in protecting our environment for decades. This case is yet another example. Exxon has given Californians a false sense of security by promoting a plastics recycling myth. The complaint lays out Exxon internal documents which show Exxon was perfectly willing to let Californians pay for its decision to push plastics,” said Niall McCarthy, partner at Cotchett, Pitre & McCarthy.
We will not stop fighting to protect our beloved waterways and ocean, outdoor spaces including beaches, and our health! For 40 years, the Surfrider Foundation has been fighting plastic pollution through beach cleanups, public education campaigns, and common sense policy initiatives at the local, state, and federal levels. Despite these tireless efforts, 85% of items collected at our California beach cleanups in 2023 were still single-use plastics. We're taking this fight to the court for the health of our ocean and the people who depend on it.