1 products, and researching and/or offering technologies to mitigate CO2 2 emissions in conjunction with sale and distribution of their fossil fuel 3 products; and pursuing other available alternatives that would have 4 prevented or mitigated the injuries to Plaintiff caused by increased mean sea 5 surface temperature, marine heatwaves, harmful algal blooms, and marine 6 toxin outbreaks that Defendants, and each of them, knew or should have 7 foreseen would inevitably result from use of Defendants’ fossil fuel 8 products; d. 9 engaging in a campaign of disinformation regarding global warming and 10 the climatic effects of fossil fuel products that prevented customers, 11 consumers, regulators, and the general public from staking steps to mitigate 12 the inevitable consequences of fossil fuel consumption, and incorporating 13 those consequences into either short-term decisions or long-term planning. 14 222. Defendants’ individual and collective acts and omissions were actual, substantial 15 causes of increased mean sea surface temperature, marine heatwaves, harmful algal blooms, 16 marine toxin outbreaks, and related consequences, including Plaintiff’s injuries and damages set 17 forth herein, because the oceanographic conditions that caused Plaintiff’s injuries would not have 18 happened, or would not have reached expanse and toxicity that they did, but for Defendants’ 19 introduction of their fossil fuel products into the stream of commerce. 20 223. Defendants’ individual and collective acts and omissions were proximate causes of 21 increased mean sea surface temperature, marine heatwaves, harmful algal blooms, marine toxin 22 outbreaks, and their consequences, including Plaintiff’s injuries and damages set forth herein. No 23 other act, omission, or natural phenomenon intervened in the chain of causation between 24 Defendants’ conduct and Plaintiff’s injuries and damages, or superseded Defendants’ breach of 25 their duties’ substantiality in causing Plaintiff’s injuries and damages. 26 27 224. As a direct and proximate result of Defendants’ and each of their acts and omissions, Plaintiff sustained and will continue to sustain injuries and damages as set forth herein. 28 SHER EDLING LLP COMPLAINT 87