Cases / Plastic waste and recycling claims · United States · 2021–2026
California v. ExxonMobil: plastics recycling claims and the Baytown plant
Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
What the record lacks: 3 none on record · 2 insufficient · 1 not measured · 3 disputed · 2 unclear See the gaps
ExxonMobil describes plastic waste processing at its Baytown, Texas plant as advanced recycling. In September 2024 California's attorney general sued the company, alleging that 92% of the waste processed there becomes fuel; ExxonMobil sued the attorney general for defamation.
92%Share of plastic waste processed at Baytown that becomes fuel, as alleged by California
Allegation in the state's complaint, September 2024; not tested by a court. See the unknowns for an 8% figure also reported.
Allegation in the state's complaint, September 2024; not tested by a court. See the unknowns for an 8% figure also reported.
Status As of October 2026: no merits ruling found in the state case; in Exxon's defamation suit a federal judge denied the Attorney General's immunity claim in February 2026, and Bonta has appealed.
What?
California's attorney general sued ExxonMobil alleging that its advanced recycling claims are deceptive, including that 92% of plastic waste processed at Baytown becomes fuel. California Office of the Attorney General
Where?
The Baytown plant is in Texas; the state case is in San Francisco Superior Court and the defamation case in Beaumont, Texas. Floodlight
When?
The state sued on 23 September 2024; ExxonMobil sued for defamation in January 2025; the defamation ruling was in February 2026. Fortune
Who?
Gained
- ExxonMobil — Made the first commercial sale of certified circular polymers, to Berry Global, in February 2022 and says it has processed more than 60 million pounds of plastic since 2021. ExxonMobil
Lost
None on recordHarmed
- The public, as alleged by California — The complaint alleges nuisance and water pollution from plastic waste and false environmental marketing. NBC News
Why?
California alleges that advanced recycling claims and the recyclability of plastic mislead the public; ExxonMobil says its output is certified using mass balance. California Office of the Attorney General
How?
The state seeks an abatement fund, disgorgement and penalties; ExxonMobil countersued the attorney general. Floodlight
6 of 6 questions answered from the record
What happened
The record, in order.
ExxonMobil operates what it calls an advanced recycling plant at Baytown, Texas. The company says it has processed more than 60 million pounds of plastic waste since 2021 and that the output is certified under ISCC PLUS using the mass balance method. In February 2022 ExxonMobil announced its first commercial sale of certified circular polymers, to Berry Global, and said the Baytown capacity was 30,000 tonnes a year.
On 23 September 2024 California Attorney General Rob Bonta sued ExxonMobil in San Francisco Superior Court. The complaint alleges nuisance, unfair competition, water pollution and false environmental marketing, and seeks an abatement fund, disgorgement and penalties. Bonta described the plastic crisis as “fueled by the myth of recycling.” The state said that less than 5% of US plastic is recycled into new plastic.
According to the Attorney General, Exxon presented recycling as a remedy for plastic waste for about half a century. The state alleges that the Baytown facility mostly produces fuel and that the plastic produced is less than 1% of Exxon's virgin-plastic capacity.
The attorney general's office stated that 92% of the plastic waste processed at the Baytown facility becomes fuel rather than plastic, and the state alleged that the plastic produced is less than 1% of Exxon's virgin capacity. A report in Floodlight described the complaint as alleging that the output contains less than 1% recycled plastic. Floodlight also reported a 2023 study by the US National Renewable Energy Laboratory that found 1–14% of pyrolysed plastic returns to plastic. ProPublica reported in August 2024 that products sold under mass balance as 20–30% recycled can physically contain less than 1% recycled content, and that the US Environmental Protection Agency rejected the method for its Safer Choice label.
In January 2025 ExxonMobil sued Bonta, four environmental groups and the Intergenerational Environment Justice Fund (IEJF) for defamation in the US District Court for the Eastern District of Texas in Beaumont. In February 2025 a federal court in the Northern District of California sent the state case back to state court. In February 2026 Judge Truncale denied Bonta's claim of immunity in the defamation case and dismissed the claims against the environmental groups, reported as for lack of jurisdiction; the claims against Bonta continue. Bonta has appealed; the status of the appeal is unknown. No ruling on the merits of the state case has been found.
A July 2025 legal review reported that 27 states classify advanced recycling by pyrolysis as manufacturing and exempt it from solid waste rules, while Maine, New Jersey and New Mexico do the opposite. A 2023 estimate cited in the sources reviewed says the 11 chemical recycling plants in the United States, even at full capacity of 460,000 tonnes, could process less than 1.3% of the country's plastic waste.
Exxon alleged that the IEJF was linked to the Minderoo Foundation, that the IEJF found plaintiffs through a law firm, and that Fortescue, a company of Minderoo's founder, competes with Exxon. The IEJF and Minderoo rejected Exxon's description of the relationship.
- 1973A plastics-industry report finds recycling costly and sorting infeasible (industry-wide, not specific to Exxon; NPR/PBS Frontline, 2020)
- 2021ExxonMobil says it began processing plastic waste at Baytown
- 2022First commercial sale of certified circular polymers, to Berry Global, using ISCC PLUS mass balance; Baytown capacity of 30,000 tonnes a year announced (February)
- 2024ProPublica reports on mass balance and physical recycled content (August); California sues ExxonMobil in San Francisco Superior Court (23 September)
- 2025ExxonMobil sues Bonta, four environmental groups and the IEJF for defamation in the Eastern District of Texas (6 January); federal court in the Northern District of California sends the state case back to state court (February)
- 2026Judge Truncale denies Bonta's immunity claim and dismisses the environmental groups from the defamation case; Bonta appeals (February)
What was said
Claims, in the words of those who made them.
“fueled by the myth of recycling”
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Does the Baytown facility produce recycled plastic?
Government and regulators
California Attorney General
92% of the plastic waste processed becomes fuel, and the plastic produced is less than 1% of Exxon's virgin capacity (September 2024).
California Office of the Attorney GeneralCompany or project
ExxonMobil
More than 60 million pounds processed since 2021, certified under ISCC PLUS using mass balance; first sale of certified circular polymers in February 2022.
FloodlightResearchers
US National Renewable Energy Laboratory
A 2023 study found 1–14% of pyrolysed plastic returns to plastic (as reported by Floodlight).
FloodlightPress and investigations
ProPublica
Products sold under mass balance as 20–30% recycled can physically contain less than 1% recycled content; the EPA rejected the method for Safer Choice (August 2024).
Company or project
ExxonMobil
Advanced recycling works; California's recycling system has failed.
Did the attorney general's public statements defame ExxonMobil?
Company or project
ExxonMobil
Sued Bonta for defamation in the Eastern District of Texas over his comments on recycling (January 2025).
FortuneCourts
Judge Truncale, US District Court, Eastern District of Texas
Denied Bonta's immunity claim and dismissed the environmental groups (February 2026).
FortuneGovernment and regulators
Rob Bonta, California Attorney General
Has appealed; the status of the appeal is unknown.
FortuneCommunities and civil society
IEJF and Minderoo Foundation
Rejected Exxon's description of their relationship.
Is pyrolysis of plastic waste manufacturing or waste management?
Government and regulators
27 US states
Classify advanced recycling by pyrolysis as manufacturing, exempt from solid waste rules.
National Law ReviewGovernment and regulators
Maine, New Jersey and New Mexico
Treat it the other way (National Law Review, July 2025).
National Law ReviewHow it looked
What was shown, beside what was recorded.
Shown
- Plastic waste processing described as “advanced recycling”, under the campaign title “advanced recycling works”ExxonMobil
- First commercial sale of “certified circular polymers” to Berry Global, certified under ISCC PLUS using mass balance; Baytown capacity of 30,000 tonnes a yearExxonMobil, February 2022 · ExxonMobil
- More than 60 million pounds of plastic processed since 2021, ISCC PLUS certified using mass balanceExxonMobil, as reported by Floodlight · Floodlight
- Recycling presented as a remedy for plastic waste for about half a centuryAs alleged by the California Attorney General · California Office of the Attorney General
Recorded
- The state's complaint (23 September 2024) alleges nuisance, unfair competition, water pollution and false environmental marketing and seeks an abatement fund, disgorgement and penalties
- 92% of the plastic waste processed at Baytown becomes fuel, not plastic; the plastic produced is less than 1% of Exxon's virgin capacity (California Attorney General, September 2024)
- A 2023 study by the US National Renewable Energy Laboratory found 1–14% of pyrolysed plastic returns to plastic (as reported by Floodlight)
- Products sold under mass balance as 20–30% recycled can physically contain less than 1% recycled content; the EPA rejected the method for its Safer Choice label (ProPublica, August 2024)
- 27 states classify advanced recycling by pyrolysis as manufacturing exempt from solid waste rules; Maine, New Jersey and New Mexico do the opposite (National Law Review, July 2025)
- In February 2026 a federal judge denied Bonta's request to dismiss ExxonMobil's defamation suit on immunity grounds and dismissed the environmental groups; the case continues
- Eleven US chemical recycling plants at full capacity (460,000 tonnes) could process less than 1.3% of US plastic waste (2023 estimate)
- A 1973 plastics-industry report found recycling costly and sorting infeasible (NPR and PBS Frontline, 2020). This concerns the industry generally, not ExxonMobil specifically.
- ExxonMobil's defamation suit named Bonta, four environmental groups and the IEJF; the environmental groups were dismissed in February 2026, reported as for lack of jurisdiction.
Who gained
Money that reached nature, beside money that stayed elsewhere.
Reached nature or the ground
Not published
No figure published.
Gained elsewhere
Not totalled
Currency: USD · Window: 2021–2026. All figures cover the same period. * Estimate built from cited figures.
Responses on record
- ExxonMobil (Undated in the sources reviewed): Said it has processed more than 60 million pounds of plastic since 2021 and that the output is ISCC PLUS certified using mass balance. · Floodlight
- ExxonMobil (January 2025): Sued Bonta for defamation over his comments on recycling. · Fortune
- Rob Bonta, California Attorney General (2026): Has appealed the denial of his immunity claim in the defamation case. · Fortune
- ExxonMobil (2024-2025): Says its "advanced recycling" at Baytown works, and has said that California's recycling system has failed.
- Intergenerational Environment Justice Fund and Minderoo Foundation (2025): Rejected Exxon's description of their relationship; the founder of Minderoo described the suit as coming from the oil and gas industry's playbook.
In court and with insurers
Every proceeding and every insurer decision on record.
Lawsuits and rulings
- 2024-09-23–OngoingPeople of the State of California v. ExxonMobil (plastics recyclability)San Francisco Superior Court · Civil · State of California (Attorney General Rob Bonta) → ExxonMobil
The complaint alleges nuisance, unfair competition, water pollution and false environmental marketing, and seeks an abatement fund, disgorgement and penalties. A federal court in the Northern District of California sent the case back to state court in February 2025. No ruling on the merits has been found. NBC News
- 2025-01-06–2026-02 (partial)OngoingExxonMobil v. Bonta (defamation over recycling comments)US District Court, Eastern District of Texas (Beaumont) · Civil · ExxonMobil → Rob Bonta, California Attorney General; four environmental groups and the Intergenerational Environment Justice Fund (the environmental groups were dismissed in February 2026)
In February 2026 Judge Truncale denied Bonta's immunity claim and dismissed the environmental groups; the case continues and Bonta has appealed. The status of the appeal is unknown. No damages amount has been disclosed. Fortune
Insurers
No insurer decision on record.
What nature saw
Outcomes measured on the ground, and nature's note.
Nature's report opens this page. Below: further outcomes measured on the ground.
Share of processed plastic waste becoming fuel (alleged)
92%
California Attorney General, September 2024
Pyrolysed plastic returning to plastic
1–14%
US National Renewable Energy Laboratory study, 2023, as reported by Floodlight
US plastic recycled into new plastic
Less than 5%
Figure stated by California in the case
Plastic output vs Exxon virgin capacity (alleged)
< 1%
California Attorney General, September 2024
What we don't know
Undisclosed, unproven, untried: recorded as data.
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Accounts
Record
- Unclear No ruling on the merits of the state case has been found.
- Unclear The status of Bonta's appeal of the February 2026 defamation ruling is unknown.
- None on record the sources reviewed give both the 92% fuel share alleged in the complaint and an 8% figure also reported; it does not say what the 8% measures.
- None on record The less-than-1% figure is described in two ways: as the plastic produced relative to Exxon's virgin capacity (attorney general) and as the recycled content of the output (Floodlight).
- None on record The amounts of the abatement fund, disgorgement and penalties sought are not stated in the sources.
- Insufficient Reported but not independently verified: that 3 of 14 statements challenged in Exxon's defamation suit remain open to review.
- Insufficient Reported but not independently verified: a separate suit against Exxon by the Sierra Club and others (California, September 2025, nuisance claim); its current status has not been verified.
Did the harm stop?
Not applicable in the sources: the lawsuit concerns the marketing and the fate of plastic waste, and Baytown processing is reported as continuing.
Who paid?
Not established in the sources. The state seeks an abatement fund, disgorgement and penalties from ExxonMobil.
Sources
Voices on record: ✓ Company or project✓ Government and regulators— Courts✓ Press and investigations— Communities and civil society— Researchers
Company or project
- ExxonMobil makes first commercial sale of certified circular polymersExxonMobil · 2022-02-24
Government and regulators
- Attorney General Bonta Sues ExxonMobil for Deceiving the Public on Recyclability of Plastic ProductsCalifornia Office of the Attorney General · 2024-09
Press and investigations
- California sues ExxonMobil over plastic recycling deceptionNBC News · 2024-09
- Judge says Exxon Mobil can sue California AG for defamation over recyclingInsurance Journal · 2026-02-18
- ExxonMobil sues, doubling down on advanced plastics recyclingFloodlight · undated in sources reviewed
- Regulation of advanced recycling is at a crossroadNational Law Review · 2025-07
- Plastic Wars (NPR and PBS Frontline investigation)NPR · 2020-09-11
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