1 the most productive, lucrative, and reliable fisheries on the west coast, had damaging ripple effects 2 throughout California’s and Oregon’s fishing families and communities, creating severe hardships 3 that many fishermen and fishing businesses, including Plaintiff’s members, have struggled to 4 overcome. The severity of the economic loss endured by the crabbing community prompted the 5 federal government to declare the 2015–16 California crab season a federal fishery disaster under 6 the Magnuson–Stevens Fishery Management and Conservation Act. 7 12. Domoic acid incidents on the west coast, and consequent injuries to the fishing 8 industry and west coast fishing communities generally, are the new normal. These phenomena will 9 increase in severity and frequency as the oceans continue to change with anthropogenic global 10 warming. Indeed, California’s 2018–19 crab season—set to begin on November 15, 2018—will 11 be delayed in parts of the fishery because of domoic acid toxicity. 12 13. Additional crab fishery closures will occur in the future, with increasing frequency 13 and severity, with concomitant impacts on the fishing families, fishing communities, and the west 14 coast fishing industry at large. 15 14. Defendants are directly responsible for a large and substantial portion of total CO2 16 emissions between 1965 and 2015. For example, based on Defendants’ direct extractions of fossil 17 fuels, they are responsible for more than two hundred gigatons of emissions representing over 15% 18 of total emissions of that potent greenhouse gas during that period. Defendants are responsible for 19 significantly larger shares of emissions based on their production, wholesale and retail sales of 20 their products. Accordingly, Defendants are directly responsible for a substantial portion of 21 elevated ocean temperatures that caused the domoic acid contamination on the west coast, which 22 in turn caused the substantial and material economic injuries described herein. 23 15. Defendants’ production, promotion, marketing, and use of fossil fuel products, 24 simultaneous concealment of the known hazards of those products, and their championing of anti- 25 regulation and anti-science campaigns, actually and proximately caused Plaintiff’s injuries. 26 27 16. Accordingly, Plaintiff in its own name, in a representative capacity on behalf of its members and the west coast fishing community, and as the assignee of claims arising from domoic 28 SHER EDLING LLP COMPLAINT 5