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A federal judge in Texas ruled that ExxonMobil can move forward with a defamation lawsuit against California Attorney General Rob Bonta tied to Bonta’s public statements about the company’s plastic recycling efforts, according to court filings summarized in an Associated Press report. The ruling means Exxon will keep pressing its claims in court after the judge rejected Bonta’s request for immunity over parts of the attorney general’s remarks.
U.S. District Judge Michael J. Truncale said in an earlier ruling that Bonta could not claim official immunity for several statements, including one sent in a campaign email to Texas residents. The judge’s decision turned, in part, on how the communication was framed to recipients—specifically noting that the email included a contribution link.
The underlying dispute began when Bonta sued Exxon in September 2024, alleging the oil company encouraged consumers to purchase plastics products by promising the products would be recycled. Bonta also said in that case that less than 5% of plastic is recycled into another plastic product and that recycling processes Exxon touted do not work, while Exxon argued that the problem was California’s recycling system.
Exxon later sued Bonta individually, along with environmental groups, alleging defamation and saying the comments harmed its current and future business contracts. Truncale dismissed the lawsuit against the environmental groups but allowed the defamation case to proceed against Bonta.
In the judge’s description, the campaign email Bonta sent to Texas residents said that only 5% of plastic is recycled and that the rest ends up in the environment and in people’s bodies. The email also included what the judge characterized as campaign-related material, including a link seeking contributions.
Truncale said the contribution request showed the “true nature” of the email as campaign promotion rather than something protected as an official act in Bonta’s attorney general capacity. He wrote that campaigning fell outside the scope of employment, and therefore Bonta could not use official immunity to block the defamation claims at this stage.
Bonta has filed a notice of appeal, seeking review of the ruling that kept Exxon’s claims alive. A statement from Bonta’s press office said the attorney general “looks forward to vigorously litigating this case” and is “proud to advance his lawsuit against ExxonMobil,” according to the Associated Press report.
ExxonMobil, in a statement carried with the reporting, said the “campaign of lies designed to derail our advanced recycling business must stop,” as the litigation continues in federal court.