Coastal Environmental Rights Foundation v. Naples Restaurant Group, LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

COASTAL ENVIRONMENTAL No. 23-55469 RIGHTS FOUNDATION, a non-profit corporation, D.C. No. 2:21-cv-09172- Plaintiff-Appellant, MCS-JEM

v.

ORDER AND

NAPLES RESTAURANT GROUP, OPINION

LLC, a California Limited Liability Company; JOHN MORRIS, an individual,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Mark C. Scarsi, District Judge, Presiding

Argued and Submitted May 6, 2024 Pasadena, California

Filed November 5, 2025

Before: Danielle J. Forrest and Patrick J. Bumatay, Circuit 2 COASTAL ENVTL. RIGHTS FOUND. V. NAPLES REST. GROUP, LLC

Judges, and James Donato, * District Judge.

Opinion by Judge Bumatay; Concurrence by Judge Donato

SUMMARY **

Environmental Law / Mootness

The panel filed (1) an order withdrawing a prior opinion and dissent, replacing them with a new opinion and concurrence, and denying a petition for rehearing en banc as moot without prejudice; and (2) a new opinion (a) vacating the district court’s judgment after a bench trial in favor of Naples…