SAN FRANCISCO (AP) 鈥� A federal judge in Texas has ruled that ExxonMobil can bring a defamation lawsuit against California鈥檚 attorney general over comments about the company鈥檚 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 claim official immunity in regards to several statements he made, including one in a campaign email sent to Texas residents.
Bonta sued Exxon in September 2024, saying that the to purchase plastics products with the promise that the products would be recycled. He said less than 5% of plastic is recycled into another plastic product, and that recycling processes touted by Exxon don’t work. Exxon said the problem is with California’s recycling system.
Exxon later sued Bonta in his individual capacity and environmental groups for defamation, saying that the comments harmed current and future business contracts. The lawsuit was filed in Texas, near its principal place of business.
Truncale dismissed the lawsuit against the environmental groups but allowed it to proceed against Bonta.
The judge pointed to a campaign email Bonta sent to Texas residents saying that only 5% is recycled and the rest ends up in the environment and in our bodies: 鈥淓xxon Mobil knew, and Exxon Mobil lied.鈥� Bonta, a Democrat, argued he was simply updating email recipients on his office’s activities.
But Truncale said a campaign contribution link on the email turned the communication into a campaign activity not protected by immunity in Bonta’s official capacity as attorney general.
鈥淗ere, the contribution request betrays the email’s true nature: a campaign promotion. Campaigning is not within Bonta’s scope of employment,鈥� the judge wrote.
Bonta has filed a notice of appeal.
鈥淭he Attorney General looks forward to vigorously litigating this case, and is proud to advance his lawsuit against ExxonMobil,鈥� his press office said.
ExxonMobil said in a statement that the 鈥渃ampaign of lies designed to derail our advanced recycling business must stop.鈥�
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