Exxon did not advise consumers to dispose of or use its product—plastics polymers—in a hazardous manner, so the California environmental group plaintiffs weren’t able to allege an “actionable theory of nuisance liability,” the company said in a motion to dismiss with prejudice filed Thursday in the US District Court for the Northern District of California.
“Recycling cannot be deemed a hazardous use when federal, state, and local policymakers encourage it,” ...
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