1 financial hardships. These injuries derive from rising ocean temperatures in the eastern Pacific 2 Ocean generally and periodic extreme marine heatwaves—the results of anthropogenic ocean 3 warming caused by the foreseeable and intended use of Defendants’ products. Recent marine 4 heatwaves along the United States’ west coast created the ideal conditions for the toxic algal group 5 Pseudo-nitzschia to increase in abundance and invade the marine regions that correspond with 6 some of the most productive Dungeness crab fishery grounds. The massive Pseudo-nitzschia 7 bloom generated unprecedented concentrations of the neurotoxin domoic acid, a compound which, 8 when ingested by humans, causes “amnesic shellfish poisoning” which induces symptoms 9 including vomiting, diarrhea, cramps, and other gastrointestinal upset, permanent short-term 10 11 9. Rising ocean temperatures and the resultant Pseudo-nitzschia blooms allow domoic 12 acid to enter the marine food web and accumulate in crab flesh, rendering it at times dangerous 13 and unfit for human consumption. 14 10. In response to this public health crisis, the California Department of Fish and 15 Wildlife (“CDFW”), in coordination with the California Department of Public Health (“CDPH”), 16 closed—for the first time ever—significant portions of the California coast to commercial 17 Dungeness crab fishing in the 2015–16 fishing season, and again in 2016–17. The Oregon 18 Department of Fish and Wildlife (“ODFW”) and the Oregon Department of Agriculture (“ODA”) 19 similarly closed large areas of the Oregon coast to commercial crabbing during the 2015–16, 2016– 20 17, and 2017–18 commercial crab seasons because of domoic acid toxicity. Because of those 21 closures, hundreds of commercial fishermen and -women holding Dungeness crab permits could 22 not untie their boats or deploy their crab traps until crabs became safe to consume. Additional 23 precautionary measures and stigma from negative publicity related to domoic acid contamination 24 have deprived the crab industry of the full value of its harvests these last three seasons by 25 depressing the market demand for crab products. 26 SHER EDLING LLP memory loss, and, in severe cases, death. 11. Plaintiff represents commercial Dungeness crab harvesters and onshore crab 27 processors and wholesalers that have suffered, and continue to suffer, substantial economic losses 28 due to those lost fishing opportunities. The severe curtailment of the crab fishery, which is among COMPLAINT 4