Skip to main content

California Court of Appeal

Reset A A Font size: Print

Ctr. for Biological Diversity v. FPL Group, Inc., A116362

In action alleging that defendant owners and operators of wind turbine electric generators were, by the operation of their wind turbines, responsible for killing and injuring raptors and other birds in violation of the public trust doctrine, dismissal of the action is affirmed where: 1) the proper method of challenging the issuance of conditional use permits was by writ of administrative mandate, the time for filing which long passed; 2) it was too late for an action against the county to set aside the conditional use permits that had already been issued; and 3) dismissal was also justified by the absence of a necessary and indispensable party.

Appellate Information

  • Decided 09/18/2008
  • Published 09/18/2008


  • POLLAK, J.


  • California Court of Appeal


  • For Appellant:
  • Richard R. Wiebe, San Francisco, and Amicus Curiae Environmental Law Foundation, James P. Wheaton, Oakland, D. Adam Lazar, for Plaintiffs and Appellants Center for Biological Diversity and Peter Galvin., George T. Caplan, Kristopher S. Davis, Paul M. Gelb, Kaye Scholer LLP, Los Angeles, for GREP Bay Area Holdings, LLC, AES SeaWest WindPower, Inc., and enXco., William S. Berland, Ferguson & Berland, Berkeley, for FPL Group Inc., FPL Energy, LLC, ESI Bay Area GP, Inc., ESI Bay Area, Inc., Altamont Power, LLC, and Green Ridge Power, LLC.

  • For Appellees:
  • John N. Zarian, Zarian Midgley & Johnson PLLC, Stoel Rives LLP, Jason R. Houghton, San Francisco, for Defendants and Respondents, Pacific Winds Inc., Windworks, Inc., and Altamont Winds Inc.
Copied to clipboard