In Center for Biological Diversity, Inc. v. FPL Group, Inc. (2008) 166 Cal.App.4th 1349, the plaintiffs alleged that the operators of wind turbine electric generators located in Alameda and Contra Costa Counties were, "by the operation of their wind turbines, responsible for killing and injuring raptors and other birds in violation of the public trust doctrine." (Id. at p. 1354.) The trial court dismissed the plaintiffs' claim on the ground that the public trust doctrine did not provide "a cause of action by a private party ... arising from the destruction of wild animals." (Id. at p. 1356.) Although the appellate court ruled that the trial court erred in concluding that the public trust doctrine did not apply to the destruction of wildlife, it upheld the dismissal of the case under the judicial abstention doctrine. The court noted that, at the time the plaintiffs filed their complaint, "administrative proceedings were underway in Alameda County in which consideration was being given to applications to extend ... the ... conditional use permits to operate the wind turbines ... ." (Biological Diversity, supra, 166 Cal.App.4th at p. 1356.) During these proceedings, the county established a " 'Wind Power Working Group' " that was intended to " 'assist the County in addressing operational issues and identifying appropriate measures to reduce avian mortality.' " (Id. at pp. 1356-1357.) The county eventually granted "the conditional use permits subject to nine new conditions on wind turbine use aimed at mitigating avian mortality." (Id. at p. 1357.) The appellate court concluded that, regardless of whether the plaintiffs were permitted to bring a cause of action against the turbine operators for violating the public trust doctrine, "it would be appropriate for the court to abstain from adjudicating it in deference to the regulatory oversight being provided by public authorities." (Biological Diversity, supra, 166 Cal.App.4th at p. 1371.) The court explained that the "specification of conditions best designed to accommodate the conflicting environmental and energy concerns presented by the operation of wind turbines is both highly complex and value laden. ... Intervention by the courts, other than by exercising oversight over the administrative process and ensuring that proper standards are applied, not only would threaten duplication of effort and inconsistency of results, but would require the courts to perform an ongoing regulatory role as technology evolves and conditions change." (Ibid.) The Court emphasized that its ruling did not leave the plaintiffs without a remedy: "We do not gainsay plaintiffs' concern for the protection of the raptors and other birds that are suffering ... from the operation of the wind turbines ... . However, it is apparent that the responsible public agencies have not ignored this concern and are attempting to mitigate the harm to birdlife by imposing appropriate conditions and restrictions on the operation of the turbines. We are in no position at this time and on this record to pass judgment on the sufficiency of those efforts or to express any opinion as to whether the public trust over these natural resources is being adequately enforced. What we do say is that any challenge to the adequacy of the measures being taken must be addressed in an appropriate manner to the agencies that are responsible for regulating those activities. The courts are available to review the responses of those agencies, but they are not available to supersede their role in the regulatory process." (Biological Diversity, supra, 166 Cal.App.4th at p. 1372.)