Center for Biological Diversity, Inc. v. FPL Group, Inc.
California Court of Appeal
83 Cal. Rptr. 3d 588 (2008)
- Written by Sheryl McGrath, JD
Facts
FPL Group, Inc. (FPL) (defendant) operated wind turbines to produce electricity in California. The Center for Biological Diversity, Inc. (center) (plaintiff) filed a multicount lawsuit against FPL, alleging that the wind turbines killed thousands of birds. One of the counts in the lawsuit sought declaratory and injunctive relief against FPL on the ground that FPL’s wind turbines breached the public trust by killing birds. The trial court dismissed that count of the lawsuit. The court ruled that the right to bring a public-trust action was limited to actions involving tidelands and navigable waters. The center appealed.
Rule of Law
Issue
Holding and Reasoning (Pollak, J.)
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