SAN FRANCISCO (AP) — A federal decide in Texas has dominated that ExxonMobil can convey a defamation lawsuit towards California’s legal professional normal over feedback in regards to the firm’s plastic recycling efforts.
U.S. District Decide Michael J. Truncale within the Japanese District of Texas mentioned in a ruling earlier this month that California Lawyer Common Rob Bonta can not declare official immunity with reference to a number of statements he made, together with one in a marketing campaign electronic mail despatched to Texas residents.
Bonta sued Exxon in September 2024, saying that the oil large inspired customers to buy plastics merchandise with the promise that the merchandise can be recycled. He mentioned lower than 5% of plastic is recycled into one other plastic product, and that recycling processes touted by Exxon do not work. Exxon mentioned the issue is with California’s recycling system.
Exxon later sued Bonta in his particular person capability and environmental teams for defamation, saying that the feedback harmed present and future enterprise contracts. The lawsuit was filed in Texas, close to its principal administrative center.
Truncale dismissed the lawsuit towards the environmental teams however allowed it to proceed towards Bonta.
The decide pointed to a marketing campaign electronic mail Bonta despatched to Texas residents saying that solely 5% is recycled and the remainder leads to the surroundings and in our our bodies: “Exxon Mobil knew, and Exxon Mobil lied.” Bonta, a Democrat, argued he was merely updating electronic mail recipients on his workplace’s actions.
However Truncale mentioned a marketing campaign contribution hyperlink on the e-mail turned the communication right into a marketing campaign exercise not protected by immunity in Bonta’s official capability as legal professional normal.
“Right here, the contribution request betrays the e-mail’s true nature: a marketing campaign promotion. Campaigning just isn’t inside Bonta’s scope of employment,” the decide wrote.
Bonta’s workplace didn’t instantly reply to a request for remark.
ExxonMobil mentioned in a press release that the “marketing campaign of lies designed to derail our superior recycling enterprise should cease.”