CENTER FOR BIOLOGICAL DIVERSITY, INC., et al., Plaintiffs and Appellants,
v.
FPL GROUP, INC., et al., Defendants and Respondents.
Court of Appeals of California, First District, Division Three.https://leagle.com/images/logo.png
September 18, 2008.
September 18, 2008.
Attorney(s) appearing for the Case
Richard R. Wiebefor Plaintiffs and Appellants.
James P. Wheaton and D. Adam Lazar for Environmental Law Foundation as Amicus Curiae on behalf of Plaintiffs and Appellants.
Zarian Midgley & Johnson, John N. Zarianand; Stoel Rives and Jason R. Houghton for Defendants and Respondents Pacific Winds Inc., Windworks, Inc., and Altamont Winds Inc. Kaye Scholer, George T. Caplan, Kristopher S. Davis and Paul M. Gelb for for Defendants and Respondents GREP Bay Area Holdings, LLC, AES SeaWest WindPower, Inc., and enXco.
Ferguson & Berland, William S. Berland for Defendants and Respondents FPL Group Inc., FPL Energy, LLC, ESI Bay Area GP, Inc., ESI Bay Area, Inc., Altamont Power, LLC, and Green Ridge Power, LLC.
Court of Appeals of California, First District, Division Three.
OPINION
POLLAK, J.
Plaintiffs, the Center for Biological Diversity, Inc., and Peter Galvin (collectively CBD),1 appeal from the dismissal of their cause of action, which alleged that defendant owners and operators of wind turbine electric generators in the Altamont Pass Wind Resource Area in Alameda and Contra Costa Counties are, by the operation of their wind turbines, responsible for killing and injuring raptors...
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