1 180. Defendants, and each of them, by their acts and omissions, created a condition and 2 permitted that condition to persist, which constitutes a nuisance in the form of increased mean sea 3 surface temperature and intense marine heatwaves, which caused recurring Pseudo-nitzschia algal 4 blooms unprecedented in their range and toxicity, which caused and will continue to cause domoic 5 acid to contaminate Dungeness crabs at potentially dangerous concentrations, all of which resulted 6 in past injuries and will cause future injuries to Plaintiff. 7 181. The condition created by Defendants substantially and negatively affects the 8 interests of the public at large. In particular, increased mean sea surface temperature, marine 9 heatwaves, harmful algal blooms, and domoic acid contamination: (1) are harmful and dangerous 10 to human health; (2) are indecent and offensive to the senses of the ordinary person; and 11 (3) obstruct and threaten to obstruct the free use of natural resources held in the public trust, so as 12 to interfere with the comfortable enjoyment of life and property. 13 182. The condition created by Defendants affected, and will continue to affect, Plaintiff, 14 because the economic impacts of fishery closures cascaded to impact entire fishery-dependent 15 communities and businesses, and because the public was deprived of safe, local, and sustainable 16 seafood. 17 183. The seriousness of the harms to Plaintiff caused by increased mean sea surface 18 temperature, marine heatwaves, harmful algal blooms, and domoic acid contamination are 19 extremely grave, and outweigh the public benefit of Defendants’ wrongful over-marketing and 20 overpromotion of their dangerous fossil fuel products with knowledge of the harm that would 21 result, and their long-standing efforts to sow doubt about the science surrounding the effects of 22 their products on the world’s climate and oceans, and campaigns to avoid regulation. The 23 seriousness of the harm to Plaintiff outweighs the public benefit of Defendants’ and each of their 24 conduct, because 25 a. the interference with natural resources held in the public trust are expected 26 to become regular, recurrent, and increasingly severe, so as to become a 27 permanent ecological feature of the crab fishery; 28 SHER EDLING LLP COMPLAINT 77