How Politics And Litigation Impede Innovation In Plastics Recycling

Plastics are an indispensable, ubiquitous part of modern society. Due to their unique qualities, incredibly light weight, and ability to be formed into any shape or size, plastics provide essential components in hundreds of products we use every day of our lives. Unfortunately, the processes of making, recycling, and disposing of plastics are not well understood by policymakers or the public and are often subject to demonization and litigation by the industry’s opponents.

Makers of plastics could face another high-profile court case on a new front in the coming weeks deploying a novel theory of climate-related damages. California Attorney General Rob Bonta, whose ambitions for higher office are not a closely held secret, told Reuters in late April his office is close to wrapping up an investigation based on a legal theory that would seek damages related to the impacts of plastics waste from manufacturers, targeting ExxonMobilExxonMobil as the first test case.

"We are soon going to be ready to get to a decision based on all of our investigations in the coming weeks," Reuters quotes Bonta saying. "The lies and deceit Exxon used to cover up the truth about the non-recyclability of plastic is well documented."

Bonta launched his investigation in 2022 at about the time the California legislature was enacting SB 54, a law that places a set of new demands on manufacturers related to plastics recycling and disposal. At that time, ExxonMobil called the claims “meritless,” but has remained silent on the matter since. Even if merit does exist, wouldn’t Bonta also be obligated to pursue similar claims against the large numbers of counties, cities, and towns whose local governments have overstated the percentage of plastics in programs they’ve implemented over the last quarter century?