A US federal judge has rejected an attempt by California Attorney General Rob Bonta to dismiss a defamation lawsuit brought by Exxon Mobil over his criticism of the oil major’s advanced plastics recycling initiatives.
US District Judge Michael Truncale ruled on Friday that Bonta was not automatically immune from suit merely because he made the contested statements in his official capacity as attorney general. The judge rejected Bonta’s argument that his comments fell squarely within the “heartland” of his employment duties, stating that whether he acted in good faith is a factual question to be determined at a later stage.
However, the Beaumont, Texas-based court dismissed related claims against environmental groups including the Sierra Club, San Francisco Baykeeper, Heal the Bay and the Surfrider Foundation, citing a lack of jurisdiction.
Exxon, headquartered in Spring, Texas, filed the lawsuit in January 2025, nearly four months after California brought its own legal action accusing the company of misleading the public for decades about the limitations of recycling. Exxon manufactures polymers used in single-use plastics and has promoted advanced recycling technology designed to convert hard-to-recycle plastics into fuel.
Bonta, a Democrat, has criticised the company’s advanced recycling process as slow and misleading, arguing that it does not address the broader issue of plastic waste. In its complaint, Exxon challenged 14 statements made by Bonta in interviews, online posts and public appearances. Among them were assertions that Exxon’s recycling plan was “not based on truth”, that plastic waste was “piling up” in Houston despite recycling efforts, and that only 5% of US plastic waste is recycled, with the remainder polluting waterways, oceans, wildlife and humans.
In a 46-page decision, Judge Truncale stated that it “would not be unfair” to review three of the challenged statements for potential defamation, noting that they clearly referred to Exxon, relied on Texas-based sources, or appeared in a campaign email sent to Texas residents. He added that under Texas law, Bonta’s claim to official immunity depends on whether the statements were objectively false.
The judge further observed that one statement regarding the destination of plastic waste appeared in an email that included a campaign contribution link, and that “campaigning is not within Bonta’s scope of employment”.
An Exxon spokesperson said in a statement that the company would not allow what it described as a campaign of falsehoods to undermine its advanced recycling business, adding that Exxon would defend its reputation and technology against attacks for financial or political gain.
Judge Truncale was appointed to the federal bench in 2019 by then-President Donald Trump.
