California Superior Court Dismisses Lawsuit brought by Cen…

California Superior Court Dismisses Lawsuit brought by Center for
Biological Diversity

LOS ANGELES, Oct. 16 LAWFUEL – US Law News — Leading law firm Kaye Scholer announced today a significant legal victory in which the California Superior Court for Alameda County ordered a complete dismissal with prejudice of the lawsuit (Case No. RG04183113) brought by the Center for Biological Diversity, Inc. and its conservation director, Peter Galvin (“CBD”), against the wind power operators in the Altamont Pass Wind Resource Area (“APWRA”).

Kaye Scholer represented the wind power operators, including FPL Group, Inc., FPL Energy, LLC, ESI Bay Area GP, Inc., ESI Bay Area, Inc., GREP Bay Area Holdings, LLC, Green Ridge Power LLC, Altamont Power LLC, enXco, Inc., SeaWest WindPower, Inc., Pacific Winds Inc., WindWorks Inc., and Altamont Winds Inc.

CBD had asserted ten (10) causes of action against the Wind Power
Defendants for alleged violations of California’s unfair competition law,
California Business and Professions Code section 17200, et seq. (the “UCL”) and the common law public trust doctrine based on the bird collisions with the wind turbines in the APWRA.

In this landmark case interpreting the
restrictive standing requirements enacted by Proposition 64 for claims
asserted under the UCL, the Court held that CBD was not injured in fact
and/or did not lose money or property to have standing to bring a UCL
claim. The Court found that CBD’s abstract, public trust-based ownership
interest in the birds was insufficient to satisfy the lost property
standing requirement now applicable under the UCL. Also, the Court found
that even though wild birds are referred to at times as part of the “public
trust,” CBD cannot pursue a public trust doctrine cause of action because
such actions must be related to navigable waters and tidelands, which were
not implicated in the case. This case was filed on November 1, 2004, the
day before Proposition 64 was passed.

About Kaye Scholer
Kaye Scholer LLP, an international law firm counting some 500
attorneys, represents public and private companies, governmental entities,
financial institutions and other organizations in matters around the world.
Founded in New York City in 1917, the firm has offices in New York,
Chicago, Los Angeles, Washington, DC, West Palm Beach, Frankfurt, London
and Shanghai.

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