176. 1 Due to domoic acid contamination and the resultant past and future fishery closures, 2 Plaintiff and west coast fishing families, communities, and businesses have suffered and will 3 continue to suffer other harms beyond direct economic harms, including, but not limited to, the 4 loss of the iconic west coast commercial fishing lifestyle, loss of a regional commercial fishing 5 culture and identity, and loss of public confidence in the safety and quality of west coast Dungeness 6 crab products and the fishery itself. 177. 7 8 Defendants’ conduct as described herein is therefore an actual, substantial, and proximate cause of Plaintiff’s domoic acid-related injuries. 178. 9 Future injuries arising out of domoic acid contamination in the crab fishery are 10 abatable. Examples of technologies that could be used to prevent or mitigate to Plaintiff and the 11 crab industry include, but are not limited to, monitoring and testing technologies that could permit 12 real-time domoic acid testing, which would permit fishermen to separate contaminated crabs from 13 clean ones at the time of harvest, thereby assuaging the public health concerns that currently induce 14 fishery closures;148 or “depuration,” the process by which crabs in an environment and food free 15 of domoic acid will naturally rid themselves of domoic acid.149 Given large enough depuration 16 facilities, commercially harvested crabs could be depurated on an industrial scale, and thereafter 17 brought to market even if they contain domoic acid at the time of harvest. 18 VI. CAUSES OF ACTION 19 FIRST CAUSE OF ACTION 20 (Nuisance) 21 (Against All Defendants) 179. 22 23 Plaintiff incorporates by reference each and every allegation contained above, as though set forth herein in full. 24 25 26 27 28 SHER EDLING LLP See, e.g., Nat’l Ctrs. For Coastal Ocean Science, “Fast Tool to Detect Toxic Shellfish” (2017) (announcing development of an antibody-based test kit for domoic acid that provides quick results), https://coastalscience.noaa.gov/project/fast-tool-detect-toxic-shellfish; Nat’l Science & Tech. Council Subcommittee on Ocean Science & Tech., Harmful Algal Blooms and Hypoxia – Comprehensive Research Plan and Action Strategy; An Interagency Report (Feb. 2016), http://www.whoi.edu/fileserver.do?id=230904&pt=10&p=19132 (discussing how development of a toxin test-kit enabled fishermen to determine when and where clams were safe to harvest, reenabling access to valuable shellfish resources). 149 See, e.g., J.A.K. Lund, et al., Domoic acid uptake and depuration in dungeness crab (Cancer magister Dana 1852), 16 JOURNAL OF SHELLFISH RESEARCH 225 (1997). 148 COMPLAINT 76