RECENT STATE DECISIONS

December 2008

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First District Court Extends Application of Public Trust Doctrine to Wildlife, but Limits Suit to Government Agencies
Center for Biological Diversity v. FPL Group, Inc.

On September 18, 2008, the First District Court of Appeal upheld an earlier dismissal of a lawsuit against wind-turbine operators for violating the public trust doctrine by killing raptors and other birds. Center for Biological Diversity v. FPL Group, Inc., 166 Cal. App. 4th 1349 (2008). However, the decision disagreed with the trial court’s ruling that private parties cannot bring suit to enforce the public trust doctrine. Instead, the appellate court extended the public trust to wildlife, including birds, and held that private parties may file suit to enforce the doctrine, but only against government agencies.