The Ninth Circuit Court of Appeals is considering the viability of the so-called “conduit theory” of liability under the Clean Water Act—that unconfined groundwater can act as a point source if it conveys pollutants from a point source into waters of the United States.  CSAC’s brief arguing that the conduit theory is not supported by the text of the Clean Water Act was drafted by Shawn Haggerty at Best Best & Krieger in San Diego.