California Sues Walmart, Alleging Illegal Waste Disposal

Updated with formal statement from Walmart. 

A new lawsuit against Walmart alleges that the Bentonville, Ark.-based retailer illegally disposed of toxic cleaning supplies, pesticides, confidential customer information and other materials at California landfills not authorized to receive them.

The lawsuit was filed Dec. 20 by California Attorney General Rob Bonta along with the California Department of Toxic Substances Control and 12 district attorneys. It alleges violations of California's Hazardous Waste Control Law, Medical Waste Management Act, Customer Personal Information Law, and Unfair Competition Law over the past six years.

"From 2015 to 2021, California investigators conducted 58 inspections across 13 counties of trash compactors taken from Walmart stores," a news release from the California attorney general's office states. "In each and every single case, they found dozens of items classified as hazardous waste, medical waste and/or customer records with personal information."

The plaintiffs call Walmart a repeat violator of the state's hazardous-waste laws and note a more than $25 million settlement reached with Walmart in 2010 over alleged illegal dumping. 

Walmart said on Dec. 21 that it intends to defend the company. "We have met with the state numerous times and walked them through our industry-leading hazardous waste compliance programs in an effort to avoid litigation," the retailer said in a statement. "Instead, they filed this unjustified lawsuit. The state is demanding a level of compliance regarding waste disposal from our stores of common household products and other items that goes beyond what is required by law." Referencing the 2010 settlement, the company added: "As the court was prepared to relieve Walmart of its obligations under the settlement, the attorney general’s office launched a new investigation with new rules in hopes that Walmart would enter another settlement requiring another substantial financial payment."

Hazardous waste that's improperly disposed of, Bonta noted in the state's news release, can seep into the ground, from which it can wind up in residents' drinking water, or leach into the air as dangerous gases.

"When we’re talking about tens of thousands of batteries, cleaning supplies and other hazardous waste, the impact to our environment and our communities can be huge," Bonta continued. "This lawsuit should serve as a warning to the state's worst offenders. We will hold you accountable."