RECENT CALIFORNIA DECISIONS

November 2008

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First District Finds Claim by Public for Breach of Public Trust Must Be Brought against Public Agencies— Not against Windfarm Operators
Center for Biological Diversity, Inc. v. FPL Group, Inc., ___Cal.App.4th___

On September 18, 2008, the First District Court of Appeal determined that members of the public have standing to maintain actions to enforce the public trust over wildlife. The court further found that while standing does exist to enforce the public trust, a claim by a member of the public for breach of the public trust must be brought against the appropriate public agencies, and not against operators whose actions are alleged to be destroying natural resources protected by the public trust.