1
world’s climate and oceans, and campaigns to avoid regulation, have no
2
social utility;
g.
3
4
total global emissions increase, so that unchecked extraction and
5
consumption of fossil fuel products is more harmful and costly than
6
moderated extraction and consumption; and
h.
7
it was practical for Defendants, and each of them, in light of their extensive
8
knowledge of the hazards of placing fossil fuel products into the stream of
9
commerce and extensive scientific engineering expertise, to develop better
10
technologies and to pursue and adopt known, practical, and available
11
technologies, energy sources, and business practices that would have
12
mitigated their greenhouse gas pollution and eased the transition to a lower
13
carbon economy.
14
184.
In addition to the harms suffered by the public at large, Plaintiff has suffered, and
15
will continue to suffer, special injuries that are different in kind. Among other harms, Plaintiff
16
suffered economic losses due to the prohibition on harvesting and transacting in Dungeness crabs,
17
which constitute a substantial and significant portion of Plaintiff’s revenue. Additionally, the
18
markets for Plaintiff’s products were artificially depressed because of public health concerns over
19
the potential presence of domoic acid in those products. The public at large has not suffered the
20
same deprivation of a livelihood as has Plaintiff.
21
185.
Defendants’ wrongful conduct was oppressive, malicious, and fraudulent, in that
22
their conduct was willful, intentional, and in conscious disregard for the rights of others.
23
Defendants’ conduct was so vile, base, and contemptible that it would be looked down upon and
24
despised by reasonable people, justifying an award of punitive and exemplary damages in an
25
amount subject to proof at trial, and justifying equitable disgorgement of all profits Defendants
26
obtained through their unlawful and outrageous conduct.
27
28
SHER
EDLING LLP
the social cost of each ton of CO2 emitted into the atmosphere increases as
186.
As a direct and proximate result of Defendants’ conduct, as set forth above, Plaintiff
has been unreasonably interfered with because Defendants knew or should have known that their
COMPLAINT
79
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