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Center for Biological Diversity v. FPL Group, Inc.

ELR Citation: 36 ELR 20217
Nos. No. RG04-183113, (Cal. Super. Ct., 10/12/2006)

A court dismissed an environmental group's lawsuit against wind power operators in the Altamont Pass Wind Resource Area. The group argued that the operators violated the state's unfair competition law and the common-law public trust doctrine based on bird collisions with the wind turbines. But the group's public trust-based ownership interest in the birds was insufficient to satisfy the lost property standing requirement under the state's unfair competition law. And even though wild birds are referred to at times as part of the "public trust," a public trust doctrine cause of action must be related to navigable waters and tidelands, which were not implicated in this case.