A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”):

— The Fourth Circuit became the second appellate court in as many months to adopt the “conduit” theory of liability, finding that the CWA covers discharges to groundwater with a “direct hydrological connection” to jurisdictional surface waters.

— The court also found that, despite repair of the pipeline that caused the spill, the citizen plaintiffs had standing to maintain the suit because thecontinued migration of pollutants from the spill site into jurisdictional waters is an “ongoing violation” of the CWA.