1 73. 2 commercial Dungeness crab fisheries would not have been closed as described herein. As ocean 3 warming and circulation anomalies continue and domoic acid outbreaks increase in frequency and 4 severity, such closures will continue to occur and continue to injure Plaintiff and the west coast 5 crab industry. 6 74. Defendants, through their extraction, promotion, marketing, and sale of their fossil 7 fuel products, caused a substantial portion of both those emissions and the attendant domoic acid 8 outbreaks that forced California and Oregon to close their commercial crab fisheries during each 9 of the last three seasons and will compel them to close the fisheries during future seasons. 10 75. As explained above, this analysis considers only the volume of raw material 11 actually extracted from the earth by these Defendants. Many of these Defendants actually are 12 responsible for far greater volumes of emissions because they also refine, manufacture, produce, 13 market, promote, and sell more fossil fuel derivatives than they extract themselves by purchasing 14 fossil fuel products extracted by independent third parties. 15 76. In addition, considering the Defendants’ lead role in promoting, marketing, and 16 selling their fossil fuels products between 1965 and 2015; their efforts to conceal the hazards of 17 those products from consumers; their promotion of their fossil fuel products despite knowing the 18 dangers associated with those products; their dogged campaign against regulation of those 19 products based on falsehoods, omissions, and deceptions; and their failure to pursue less hazardous 20 alternatives available to them, Defendants, individually and together, have substantially and 21 measurably contributed to Plaintiff’s domoic acid-related injuries. 22 D. Defendants Went to Great Lengths to Understand the Hazards Associated With and Knew or Should Have Known of the Dangers Associated with the Extraction, Promotion, and Sale of Their Fossil Fuel Products. 77. By 1965, concern about the risks of anthropogenic greenhouse gas emissions 23 24 SHER EDLING LLP But for the Blob, caused by Defendants’ actions, the California and Oregon 25 reached the highest level of the United States’ scientific community. In that year, President Lyndon 26 B. Johnson’s Science Advisory Committee Panel on Environmental Pollution reported that by the 27 year 2000, anthropogenic CO2 emissions would “modify the heat balance of the atmosphere to 28 such an extent that marked changes in climate . . . could occur,” and that atmospheric warming COMPLAINT 36