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Environmental Impact of Plastics Results in Litigation

09/25/2024

According to recent news reports, Robert Bonta, Attorney General of California, has filed suit against Exxon Mobil to establish an abatement fund relating to recycling of plastic waste and enabling imposition of civil penalties for contravention of state laws.  Concurrently, a coalition of environmental NGOs including the Sierra Club and organizations concerned with plastic pollution of waterways and along the Pacific littoral have also filed lawsuits seeking injunctive relief relating to disposal of plastic waste, demanding reimbursement for cleanup. The coalition believes that the solution to the problem of plastic waste will involve forcing manufacturers to cease production of some plastics rather than mandating recycling.

 

A contributor to the conflict is the apparent inability of civic organizations to collect plastic waste with only an estimated ten percent of the potential volume reaching conversion plants.  Attorney General Bonta claims that 90 percent of plastic waste is not recycled but is used as fuel. 

 

Despite claims relating to sustainability, there are questions as to sustainability claims relating to the recycling of plastic packaging.  In 2022, major manufacturers including Unilever, PepsiCo, Mars and Mondelez established the Consumer Goods Forum to select single-use plastic packaging suitable for recycling applying available and anticipated technology. Exxon Mobil a target of activists, has developed advanced recycling processes and has offered to purchase “certified-circular polyethylene” material at volumes approaching 100,000 metric tons per year.

 

It would appear that many plastic companies obscure their responsibility behind industry associations including the Vinyl Institute and the American Chemistry Council among others.  In contrast, politicians use environmental issues and specifically plastic as a springboard for higher office claiming justifiable action against manufacturers in the name of environmental justice.