Dissenting 9th Circuit Judge Now Concurs With Majority In Faulty Fireworks CWA Case

( November 18, 2025, 8:48 AM EST) -- PASADENA, Calif. — The dissenting judge on a divided Ninth Circuit U.S. Court of Appeals panel that determined that a restaurant’s acquisition of a National Pollutant Discharge Elimination System (NPDES) permit for future events mooted an environmental group’s appeal alleging violation of the Clean Water Act (CWA) for allowing a “low break” firework to fall into Alamitos Bay during a Fourth of July celebration now concurs with the majority’s opinion after a district court judge settled factual disputes during rehearing proceedings....