A panel of the Ninth Circuit Court of Appeals has allowed liability under the Clean Water Act under the so-called “conduit theory”—that unconfined groundwater can act as a point source if it conveys pollutants from a point source into waters of the United States.  CSAC is supporting the County of Maui’s effort at obtaining rehearing en banc. The brief was drafted by Shawn Haggerty at Best Best & Krieger in San Diego.