What happened: California filed a first of its kind lawsuit against ExxonMobil, accusing the company of misleading the public about the recyclability of plastics and its role in contributing to global plastic pollution and creating a public nuisance. 

Tell me more: California is one of the states suing oil and gas companies for “creating the public nuisance of climate change.” In 2022, the state launched an investigation into the fossil fuel industry’s role in plastic pollution, during which ExxonMobil was subpoenaed.

Worth noting: The state of New York and city of Baltimore have both sued manufacturers like PepsiCo and Frito Lay for public nuisance claims related to product packaging litter. California’s lawsuit is the first attempt to tie oil and gas companies to plastics litter. 

TLR Thoughts: Littering is illegal, but simply producing products that we all rely on every day—like oil and gas and plastics—is not. As Sen. Mayes Middleton wrote in our recent TLR Advocate, “It’s a disturbing trend to see governmental entities suing private companies and individuals for lawful activities as a bypass of the Legislature.” 

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