There is a theme in California that the State will pursue legal action against certain or select industries and their associations for products that allegedly cause pollution and climate change including possible claims or charges of secrecy, concealment, misrepresentation or fraud.
I have pasted below a scan and a link to news from the California Department of Justice Attorney General discussing California’s ongoing investigation into the plastics industry. This might be considered similar to actions against oil and gas and tobacco. I am onboard that we have or can have pollution problems with plastics, but it is not that simple (and proof of climate change?) – legal challenges and issues of proof v. speculation exist – for example, liability for which alleged unlawful act(s) against which specific businesses, causation, and injuries and payments, if any, from which sources and in what amounts and for which possible plaintiffs present legal challenges and issues of proof v. speculation.
Plastics are used everywhere in society and have been for decades – problems with plastics have also been known for decades – plastic use is a fundamental element and way of life or commerce in our society and day-to-day living (similar to oil and gas).
California legal actions like this are bet the business, bet the industry, and bet the public and society legal actions – California and its public, the Legislature, the Governor, and the Department of Justice need to evaluate and decide upon the risk management and legal risk management issues, options, objectives, and plan. For example, there is a legislative process available if the Legislature and the Governor believe that plastics present a fundamental risk to health and safety and climate change – which is for the Legislature and the Governor to pass a law that makes the use and sale of plastics and plastic containers unlawful in California or perhaps some other less drastic legislation (but in making this point I am of course also bypassing whether California can in fact legally enact that type of legislation without taking into consideration and satisfying interstate commerce and other federal and California limitations on legislation and regulation).
If you are in business and industry (large and small, because these issues and product liability laws generally apply to everyone in business and industry), perhaps you should consider what your prudent legal, product, and disclosure options are in preparation for and in response to these types of lawsuits by the State of California, and also consider which businesses and industries California will next pursue for climate change and pollution? Thirty years from now, for example, will it be battery manufacturers and businesses that sell products that operate on batteries such as electric vehicles, with the waste that the batteries might cause, although EVs are now encouraged?
Yes these cases present significant legal issues, but they also present public and society policy, legal risk management, and way of life issues. More to follow.
There is a link to the California Department of Justice news discussion: https://oag.ca.gov/news/press-releases/attorney-general-bonta-issues-statement-sacramento-county-superior-court%E2%80%99s
And here is a link to a scan:
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David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.
David Tate, Esq. Headlines (and inactive CPA) – Trust, estate, probate and elder abuse disputes, litigation and contentious administrations; business litigation and internal and co-owner business disputes, litigation, and governance; real property and co-owner disputes and litigation; mediator and dispute resolution services; and social and digital media for law, people, businesses and legal risk management. 