Judge Allows ExxonMobil Defamation Suit Against California AG Bonta to Proceed
A federal judge in Texas has ruled that ExxonMobil's defamation lawsuit against California Attorney General Rob Bonta can proceed. U.S. District Judge Michael J. Truncale, of the Eastern District of Texas, determined that Bonta cannot claim official immunity for several statements, specifically referencing a campaign email sent to Texas residents. The ruling allows ExxonMobil to continue its legal action, asserting that Bonta's comments negatively impacted its business operations.
Background of Legal Actions
In September 2024, Attorney General Bonta initiated a lawsuit against ExxonMobil. Bonta's suit alleged that the oil company encouraged consumers to purchase plastic products with assurances of recycling, despite claiming that less than 5% of plastic is recycled into new products and that the company's promoted recycling processes are ineffective.
In response, ExxonMobil subsequently filed a defamation lawsuit against Attorney General Bonta in his individual capacity, as well as against certain environmental groups. The company asserted that Bonta's comments had a negative impact on its current and future business contracts. The lawsuit was filed in Texas, which is ExxonMobil's principal place of business.
Judge's Ruling on Immunity
Judge Truncale dismissed the claims brought against the environmental groups, but permitted the defamation lawsuit against Bonta to move forward. The judge specifically highlighted a campaign email that Bonta sent to Texas residents. This email stated that only 5% of plastic is recycled, with the remainder entering the environment and human bodies, and concluded with the statement: "Exxon Mobil knew, and Exxon Mobil lied."
Bonta contended that he was providing updates on his office's activities to the email recipients. However, Judge Truncale concluded that a campaign contribution link embedded within the email transformed the communication into a campaign activity. The judge stated that campaigning falls outside Bonta's scope of employment and is therefore not protected by official immunity in his capacity as Attorney General.
"Here, the contribution request betrays the email's true nature: a campaign promotion. Campaigning is not within Bonta's scope of employment."
Statements Following the Ruling
Following the ruling, ExxonMobil issued a statement asserting its position.
ExxonMobil asserted that the "campaign of lies designed to derail our advanced recycling business must stop."
Attorney General Bonta's office did not immediately provide a comment.