Center for Biological Diversity, Inc. v. FPL Group, Inc.

Plaintiffs, the Center for Biological Diversity, Inc., and Peter Galvin (collectively CBD), appeal from the dismissal of their cause of action, which alleged that defendant owners and operators of wind turbine electric generators in the Altamont Pass Wind Resource Area in Alameda and Contra Costa Counties are, by the operation of their wind turbines, responsible for killing and injuring raptors and other birds in violation of the public trust doctrine. The trial court dismissed their action after granting defendants’ motion for judgment on the pleadings on the ground that private parties are not entitled to bring an action for the violation of the public trust doctrine arising from the destruction of wildlife. We conclude that the trial court properly dismissed this particular action, although we qualify its broad holding and reject even broader assertions advanced by defendants in support of its ruling. Wildlife, including birds, is considered to be a public trust resource of all the people of the state, and private parties have the right to bring an action to enforce the public trust. Nonetheless, in other proceedings of which we take judicial notice, the public…