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Exxon Sues Baykeeper and Partners

Late last September, Baykeeper and our allies filed a lawsuit in California against Exxon to hold it responsible for its role in the plastic pollution in California’s waterways. California Attorney General Rob Bonta filed a similar action at the same time.

Our lawsuit cited evidence that Exxon is the world’s largest producer of the polymers that make single-use plastics (think plastic bags and take-out containers) and pointed to data showing this type of plastic is the largest source of pollution in our waterways. The complaint also detailed how Exxon has misled consumers by pointing to recycling as a solution for the plastics pollution crisis.

Early this month, Exxon responded by suing us in Texas. Exxon contends we defamed the company and interfered with its profits. Its complaint alleges that Baykeeper is motivated by “sordid for-profit incentives and outright greed.” It maintains that our “scheme” has caused them to suffer economic harm. It also accuses us of “reverse greenwashing,” and of standing in the way of recycling “under the banner of environmentalism.” Apparently, our lawsuit seems to have hit a nerve.

As reported in the news, Exxon has a history of using legal pressure to try to silence its critics. It has previously sued New York and Massachusetts because the states challenged the company’s contribution to climate change. The company also sued its own shareholders recently when they called on it to reduce the amount of CO2 it produces.

This kind of legal tactic is often known as a Strategic Lawsuit Against Public Participation, or SLAPP suit. Large corporations sometimes sue their critics with the intent of shutting down free speech. Companies use a combination of attrition, fear, and intimidation to exhaust their critics and force them into submission. Because SLAPP suits are often meritless, many states have powerful “anti-SLAPP” laws to protect first amendment rights and deter or punish SLAPP suits.

So now, it looks like one of the world’s biggest companies has Baykeeper in its crosshairs—but we will not be intimidated.

We believe in accountability and making sure that polluters are held responsible when their actions harm the Bay. We believe every corporation, no matter how large, needs to follow the law. And we believe every person who lives around the Bay Area deserves a clean and healthy environment.

Most importantly, we believe in you, our dedicated supporters. We’re grateful for all of you who are standing beside us and our partners at Sierra Club, Surfrider, and Heal the Bay (in Los Angeles), while we take on this fight for the people and waters of California.

If you feel inspired to stand with us, please make a gift now to defend the Bay. Your gift at any level will help.