69. 1 Defendants, through their extraction, promotion, marketing, and sale of their fossil 2 fuel products, caused more than 15% of global fossil fuel product-related CO2 between 1965 and 3 2015, with contributions currently continuing unabated. This constitutes a substantial portion of 4 all such emissions in history, and the attendant increase in mean sea surface temperature; increase 5 in frequency and intensity of marine heatwaves, including the Blob; increase in the expanse, 6 persistence, and severity of harmful algal blooms; increase in Pseudo-nitzschia toxigenicity; and 7 the associated domoic acid-related injuries. 70. 8 By quantifying CO2 and methane pollution attributable to Defendants by and 9 through their fossil fuel products, ocean temperature responses to those emissions are also 10 calculable, and can be attributed to Defendants on an individual and aggregate basis. Individually 11 and collectively, Defendants’ extraction, sale, and promotion of their fossil fuel products at the 12 extraction, wholesale and retail levels are responsible for substantial increases in ocean 13 temperature, harmful algal blooms, anomalous weather conditions and events, and specifically the 14 domoic acid outbreaks and related injuries endured by Plaintiff, as described herein. 71. 15 Marine outbreaks of domoic acid are climatically regulated. 42 The warmer the 16 ocean conditions, the more likely domoic acid concentrations are to surpass alert thresholds during 17 upwelling season, and the more toxic and/or widespread a domoic acid event has the potential to 18 become.43 19 72. A marine heatwave as massive and warm as the Blob is “extremely rare” without 20 the influence of anthropogenic climate forcing on the atmosphere.44 Anthropogenic climate forcing 21 has already increased the risk for extreme sea surface temperature events like the Blob by at least 22 a factor of five.45 Despite the known influence of normal sea surface temperature variability 23 observed in Northeast Pacific on semi-decadal, decadal, and other relatively short timeframes, the 24 Blob was still “significantly attributable to anthropogenic forcing.”46 25 26 27 28 SHER EDLING LLP 42 McKibben, supra note 35, at 239–44. Id. at 243. 44 Weller et al., supra note 26, at S103. 45 Di Lorenzo & Mantua, supra note 3, at 6. 46 Weller et al., supra note 27. 43 COMPLAINT 35