1
195.
Throughout the times at issue, Defendants individually and collectively knew or
2
should have known, in light of the scientific knowledge generally accepted at the time, that fossil
3
fuel products, whether used as intended or misused in a foreseeable manner, release greenhouse
4
gases into the atmosphere that inevitably cause inter alia global warming, increased mean sea
5
surface temperature, marine heatwaves, and harmful algal blooms with a capacity for producing
6
marine toxins.
7
196.
Throughout the times at issue and continuing today, fossil fuel products presented
8
and still present a substantial risk of injury to Plaintiff through the climate and ocean temperature
9
effects described above, whether used as intended or misused in a reasonably foreseeable manner.
10
197.
Throughout the times at issue, the ordinary consumer would not recognize that the
11
use or foreseeable misuse of fossil fuel products causes global and localized changes in climate
12
and the world’s oceans, including those effects described herein.
13
198.
Throughout the times at issue, Defendants individually and in concert widely
14
disseminated marketing materials, refuted the generally accepted scientific knowledge at the time,
15
and advanced pseudo-scientific theories of their own, and developed public relations campaigns
16
and materials that prevented reasonable consumers from recognizing the risk that fossil fuel
17
products would cause grave climate changes, including those described herein.
18
199.
Defendants, and each of them, failed to adequately warn customers, consumers,
19
elected officials and regulators of known and foreseeable risk of climate change and the
20
consequences that inevitably follow from the normal, intended use and foreseeable misuse of
21
Defendants’ fossil fuel products.
22
200.
Defendants’ wrongful conduct was oppressive, malicious, and fraudulent, in that
23
their conduct was willful, intentional, and in conscious disregard for the rights of others.
24
Defendants’ conduct was so vile, base, and contemptible that it would be looked down upon and
25
despised by reasonable people, justifying an award of punitive and exemplary damages in an
26
amount subject to proof at trial, and justifying equitable disgorgement of all profits Defendants
27
obtained through their unlawful and outrageous conduct.
28
SHER
EDLING LLP
COMPLAINT
81
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