CENTER FOR BIOLOGICAL DIVERSITY, INC v. FPL GROUP, INC
While private parties may, under appropriate circumstances, bring an action for the violation of the public trust doctrine arising from the destruction of wildlife, such an action will not lie where the alleged violation consists of the operation of wind turbines in a manner permitted by the responsible administrative agencies. Contention by private parties that permitting agency has failed to take adequate measures for the protection of wildlife may only be litigated in an action for writ of mandate after exhaustion of administrative remedies.
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