Public Nuisance Claims Continue To Gain Traction In Plastics Litigation

Overview

State and local governments and citizen groups are increasingly turning to suits under state nuisance and consumer protection laws to bring novel types of environmental claims. B&D recently published an overview of litigation targeting consumer goods companies and polymer and packaging manufacturers, and focusing on alleged harms of plastic waste and microplastics. A recent decision in one of these cases provides some insight into the types of claims that may succeed and those that may face more challenges. In Sierra Club v. Exxon Mobil (N.D. Cal), the court allowed a public nuisance claim to proceed based on only a "handful" of allegedly misleading statements by the defendant, but dismissed a consumer protection law claim brought under California's Unfair Competition Law (UCL).