Federal judge in Texas allows lawsuit against California attorney general over ExxonMobil remarks

SAN FRANCISCO (AP) — A federal judge in Texas has ruled that ExxonMobil can sue California’s attorney general for defamation over his comments about the company’s plastic recycling efforts.

U.S. District Judge Michael J. Truncale in the Eastern District of Texas said in a ruling earlier this month that California Attorney General Rob Bonta cannot seek formal immunity regarding various statements he made, including one in a campaign email sent to Texas residents.

Bonta filed a lawsuit against Exxon in September 2024. Oil giant encouraged consumers Buying plastic products with the promise that the products will be recycled. Less than 5 percent of plastic is recycled into another plastic product, he said, and the recycling processes Exxon touts do not work. Exxon said the issue was related to California’s recycling system.

Exxon later sued Bonta as an individual and environmental groups for defamation, saying the comments damaged current and future employment contracts. The lawsuit was filed in Texas, near the company’s principal place of business.

Truncale dismissed the lawsuit against environmental groups but authorized the lawsuit against Bonta.

The judge noted a campaign email Bonta sent to Texas residents saying only 5% was recycled and the rest entered the environment and our bodies: “Exxon Mobil knew and Exxon Mobil lied.” Bonta, a Democrat, argued that he was merely informing email recipients about his office’s activities.

But Truncale said the campaign contribution link in the email turned the communication into campaign activity not protected by immunity in Bonta’s official capacity as attorney general.

“Here, the request for contributions reveals the true nature of the email: a campaign promotion. Campaigning is not within Bonta’s remit,” the judge wrote.

Bonta’s office did not immediately respond to a request for comment.

ExxonMobil said in a statement that the “campaign of lies designed to derail our advanced recycling business must stop.”