The First Appellate District affirmed a judgment. The court held that wildlife is considered a public trust resource of all people of the state. The court held further that private parties have the right to bring an action to enforce the public trust, and that the proper means to do so is by a request for appropriate relief brought against the public agencies responsible for protecting the affected trust resources.
The Center for Biological Diversity, Inc. and Peter Galvin (CBD) sued FPL Group, Inc. and others (FPL), alleging that the defendants’ operation of wind turbine electric generators in the Altamont Pass Wind Resource Area was responsible for the killing and injury of raptors and other birds in violation of the public trust doctrine. CBD maintained that the operation of thousands of wind turbines in the area, most of which were obsolete and inefficient designs that were more likely to kill birds, resulted in the deaths of many thousands of raptors and other birds. CBD alleged violations of various provisions of California and federal law. In one cause of action, CBD contended that the wind turbines’ destruction of California wildlife was a violation of the public trust that warranted declaratory and injunctive relief.
