1 consumption of fossil fuel products is more harmful and costly than 2 moderated extraction and consumption. e. 3 It was practical for Defendants, and each of them, in light of their extensive 4 knowledge of the hazards of placing fossil fuel products into the stream of 5 commerce, to pursue and adopt known, practical, and available 6 technologies, energy sources, and business practices that would have 7 mitigated their greenhouse gas pollution and eased the transition to a lower 8 carbon economy, reduced global CO2 emissions, and mitigated the harms 9 associated with the use and consumption of such products. 10 212. Defendants’ individual and aggregate fossil fuel products were used in a manner 11 for which they were intended to be used, or misused in a manner foreseeable to Defendants and 12 each of them, by individual and corporate consumers, the result of which was the addition of CO2 13 emissions to the global atmosphere with attendant global and local consequences. 14 213. As a direct and proximate result of the defects in fossil fuel products described 15 herein, Plaintiff sustained and will continue to sustain the injuries and damages set forth in this 16 Complaint, including, but not limited to, economic losses due to commercial fishery closures. 17 214. Defendants’ wrongful conduct was oppressive, malicious, and fraudulent, in that 18 their conduct was willful, intentional, and in conscious disregard for the rights of others. 19 Defendants’ conduct was so vile, base, and contemptible that it would be looked down upon and 20 despised by reasonable people, justifying an award of punitive and exemplary damages in an 21 amount subject to proof at trial, and justifying equitable disgorgement of all profits Defendants 22 obtained through their unlawful and outrageous conduct. 23 24 25 26 27 215. Defendants’ acts and omissions as alleged herein are indivisible causes of Plaintiff’s injuries and damages as alleged herein. 216. Plaintiff is entitled to recover damages and other appropriate relief for the foregoing design defects. 217. Wherefore, Plaintiff prays for relief as set forth below. 28 SHER EDLING LLP COMPLAINT 85