Washington, WV – West Virginia Rivers Coalition (WV Rivers), represented by Appalachian Mountain Advocates and Public Justice, and The Chemours Company FC, LLC (Chemours), filed their respective responses to post-hearing briefs on Thursday evening regarding the preliminary injunction request that was heard by the Court this May. The case focuses on ongoing Clean Water Act (CWA) violations for unlawful discharge of HFPO-DA or “Gen-X chemicals” at the Washington Works facility in Wood County.

For decades, the Washington Works facility has discharged hazardous “forever chemicals” into the Ohio River, the drinking water source for roughly 5 million people. In November 2024, Chemours exceeded its permitted limits for HFPO-DA at Outlet 002 and Outlet 005 as high as 454% and 166%, respectively.

Chemours plans to continue violating its permit limits and is attempting to delay consequences by mischaracterizing the case as a Safe Drinking Water Act violation. In its filing, WV Rivers emphasized that no proof of medical harm is required under the CWA to justify an injunction, especially as the harm builds incrementally over time. WV Rivers is using the CWA citizen suit to stop illegal pollution before irreversible harm is done to our communities.

“This culture of non-compliance cannot continue,” WV Rivers’ Deputy Director Autumn Crowe stated.

“Instead of reducing production to come into compliance, Chemours ramped up production, increasing toxic discharges into the Ohio River. We are respectfully asking the Court to require the company to comply with the law.” Crowe continued, “The idea that communities are being exposed to harmful levels of contaminants while the company profits is legally and morally wrong.”

This litigation aims to bring greater transparency to the issue and ensure that companies are held to the standards that protect both people and the environment. Despite Chemours being out of compliance for years, state and federal agencies have failed to hold them accountable for their permit violations.

Chemours claims it must continue operating outside the law to prevent job loss; however, the company is externalizing its cost of doing business and placing the burden on water utilities to remove the contaminants to provide safe water to their customers. As explained in the briefing, “Chemours offers only speculation about the effects of a shutdown. Chemours currently shuts down its fluoropolymer production units for ‘turnarounds’ or ‘TARs’ every three years for 50 to 55 days with no job loss.” The company provided no analysis on job loss if the Court only ordered a reduction in production.

WV Rivers supports economic development, but only if it comes with common-sense safeguards and corporate accountability to ensure West Virginians and water utilities are not left to deal with the consequences of corporate pollution.

“We are simply asking for the facility to operate within the bounds of the law and to stop these illegal discharges,” said WV Rivers’ Executive Director Jennie Smith. “This is a matter of protecting public health and the environment from unlawful pollutants that are extremely harmful because of their persistence in the environment.”

Communities across West Virginia are asking for stronger protections for their water sources. As this case proceeds, WV Rivers believes it is an opportunity to move toward responsible oversight, stronger safeguards, and a shared commitment to public health and safety.

“Everyone deserves peace of mind when they turn on the tap,” Smith continued, “and access to healthy waters for recreational use and enjoyment.”

Following these recent filings, the Judge will rule on WV Rivers’ request for a preliminary injunction. Citing concerns over Chemours’s toxic discharges, the Judge accelerated the schedule to begin the trial on September 16, 2025. WV Rivers is seeking permanent injunctive relief and civil penalties for Chemours’ past violations.

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About WV Rivers Coalition:
West Virginia Rivers Coalition is a statewide nonprofit organization dedicated to promoting clean and healthy West Virginia waters for all. Learn more at WVRivers.org.