The U.S. Fourth Circuit Court of Appeals, in Upstate Forever v. Kinder Morgan Energy Partners, L.P., recently held that an alleged discharge of pollutants reaching navigable waters by means of groundwater with a direct hydrological connection to such navigable waters falls within the scope of the Clean Water Act, and is subject to liability under the citizen suit provisions under 33 U.S.C. § 1365(a). The Court ruled that (1) a pipeline spill constitutes an “ongoing violation” where the pipeline originally released the pollutants that continue to migrate to navigable waters, even after the pipeline has been repaired; and (2) CWA liability may be found where the continued migration of pollutants through groundwater reaches navigable waters.