150. 1 Because climatic responses to atmospheric temperature increases are non-linear, 2 and because greenhouse gas pollution accumulates in the atmosphere, some of which does not 3 dissipate for potentially thousands of years (namely CO2), there is broad agreement that SCC 4 increases as emissions rise, and as the climate warms. Relatedly, as atmospheric CO2 levels and 5 surface temperature increase, the costs associated with remediating environmental injuries—such 6 as the domoic acid outbreaks described herein—also increases. In short, each additional ton of 7 CO2 emitted into the atmosphere will have a greater net social cost as emissions increase, and each 8 additional ton of CO2 will have a greater net social cost as global warming accelerates. 151. 9 A critical corollary of the non-linear relationship between atmospheric CO2 10 concentrations and SCC is that delayed efforts to curb those emissions have increased 11 environmental harms and increase the magnitude and cost to remediate harms that have already 12 occurred or are locked in by previous emissions. Therefore, Defendants’ campaign to obscure the 13 science of climate change and to expand the extraction and use of fossil fuels greatly increased 14 and continues to increase the harms and rate of harms suffered by Plaintiff. 152. 15 The consequences of delayed action on climate change, exacerbated by Defendants’ 16 actions, has already drastically increased the cost of mitigating further harm. Had concerted action 17 begun even as late as 2005, an annual 3.5% reduction in CO2 emissions to lower atmospheric CO2 18 to 350 ppm by the year 2100 would have restored Earth’s energy balance131 and halted future 19 global warming, although such efforts would not forestall committed sea level rise already locked 20 in.132 If efforts do not begin until 2020, however, a 15% annual reduction will be required to restore 21 Earth’s energy balance by the end of the century.133 Earlier steps to reduce emissions would have 22 led to smaller—and less disruptive—measures needed to mitigate the impacts of fossil fuel 23 production. 24 “Climate equilibrium” is the balance between Earth’s absorption of solar energy and its own energy radiation. Earth is currently out of equilibrium due to the influence of anthropogenic greenhouse gases, which prevent radiation of energy into space. Earth therefore warms and move back toward energy balance. Reduction of global CO 2 concentrations to 350 ppm is necessary to re-achieve energy balance, if the aim is to stabilize climate without further global warming. See James Hansen et al., Assessing “Dangerous Climate Change”: Required Reduction of Carbon Emissions to Protect Young People, Future Generations and Nature, 8 PLOS ONE 1, 4–5 (Dec. 3, 2013). 132 Hansen et al., Assessing “Dangerous Climate Change”: Required Reduction of Carbon Emissions to Protect Young People, Future Generations and Nature, supra note 1310, at 10. 133 Id. 131 25 26 27 28 SHER EDLING LLP COMPLAINT 66