WASHINGTON, W.V. – A federal judge has granted the West Virginia Rivers Coalition’s (WV Rivers) request for a preliminary injunction, requiring The Chemours Company FC, LLC (Chemours) to reduce discharges of HFPO-DA, a “forever chemical” also known as Gen-X, from its Washington Works facility in Wood County. The ruling states that the company must operate within its Clean Water Act permit and demonstrate sustained compliance with the discharge limits.

As the Court explained, “For years, Defendant Chemours Company has discharged pollutants into the Ohio River. The level of discharge far exceeds the legal limits that bind Chemours. Those pollutants endanger the environment, aquatic life, and human health. Today, that unlawful, unpermitted discharge stops.”

“This is a victory for public health and the Ohio River,” said Autumn Crowe, Deputy Director of WV Rivers. “The Court recognized what communities have known for years: Chemours has been polluting our water and ignoring its legal obligations.”

WV Rivers, represented by Appalachian Mountain Advocates and Public Justice, filed the lawsuit in response to ongoing discharges of Gen-X chemicals into the Ohio River, which serves as a drinking water source for approximately 5 million people. Chemours had been exceeding permitted limits for many years with increasing frequency and severity. In November 2024, Chemours exceeded its permitted limits for HFPO-DA at Outlet 002 and Outlet 005 as high as 454% and 166%, respectively.

The Court’s decision acknowledges that the permit limits under the Clean Water Act are designed to prevent long-term, incremental harm to people and ecosystems and that Chemours has been ignoring it to the detriment of communities downstream: “Defendant’s permit is not a suggestion; rather, its permit protects public health and environmental life while balancing the needs of manufacturing. But I cannot weigh the scales of that balance to inflict further harm on the communities that rely on clean water for life and livelihood. The Clean Water Act protects the public, and I will enforce it.”

The Court found that Gen-X chemicals are dangerous, persistent, and mobile pollutants. It also found that each unlawful discharge of those chemicals is a direct toxic exposure that causes irreparable harm to every person served by downstream drinking water systems.

“The Court’s decision is an especially strong endorsement of the value of citizen suits in enforcing the Clean Water Act,” said Jim Hecker, Senior Environmental Enforcement Attorney at Public Justice. “The Court’s opinion emphasized that Congress gave citizens that enforcement power ‘precisely for cases like this one,’ where a polluter violates its permit for years and the government fails to enforce the law.”

The Court’s preliminary injunction orders Chemours to comply with its permit immediately and to “take any measures necessary to achieve and maintain compliance, including but not limited to production changes, process modifications, off-site treatment, or temporary cessation of operations.”

“The Court made clear that Chemours has many ways to come into compliance, and thus protect the public, while continuing to operate. Our intent has never been to cause layoffs but rather has always been straightforward: to ensure compliance with environmental safeguards to protect the health and well-being of the public,” said Jennie Smith, Executive Director of WV Rivers.

WV Rivers will continue working toward a long-term resolution that holds all parties to permitted standards and ensures transparency and accountability around pollution discharges.

“We’re looking ahead to the September 16 trial that will resolve remaining issues, namely civil penalties, and to a full and fair process that reflects the public’s interest in clean, safe water,” said Smith.

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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.