A federal judge in the United States has instructed chemicals corporation Chemours to instantaneously cease the discharge of illegal levels of per- and polyfluoroalkyl substances (PFAS) into the Ohio River from its Washington Works facility located in West Virginia.
“The Defendant has a history of breaching its permit, is aware that it is breaching its permit, and plans to continue breaching its permit. This behavior is intolerable under the Clean Water Act,” stated district judge Joseph Goodwin in his ruling dated 7 August. Consequently, he approved the request of the non-profit West Virginia Rivers Coalition for a preliminary injunction mandating Chemours to lessen the discharges of hexafluoropropylene oxide dimer acid (HFPO-DA or Gen-X) from its Washington Works location.
“In this matter, there is no uncertainty,” the judge remarked. “The discharge levels far surpass the legal thresholds that govern Chemours. These pollutants pose a threat to the environment, marine life, and human health. Today, that illegal, unpermitted discharge ceases.” The injunction will remain in effect until the court issues a new directive or Chemours proves “sustained compliance” with the HFPO-DA limits set forth in the permit, as stated by the court.
For several years, the company had been exceeding authorized thresholds for discharges of Gen-X chemicals into the Ohio River with escalating frequency and intensity, according to the legal advocacy group Public Justice, which assisted in representing the West Virginia Rivers Coalition. In November 2024, Chemours reportedly exceeded its authorized limits for HFPO-DA at two specific discharge points by as much as 454% and 166%, according to Public Justice.
Chemours expressed that it is “disappointed in the court’s ruling, strongly disagrees with its characterizations, and plans to appeal the decision.” Its Washington Works facility has “shown positive progress in cutting its PFAS emissions, and HFPO-DA discharges at the site in question “have remained within the permitted limits in recent months,” Chemours remarked.
Earlier this month, DuPont and its spinoffs including Chemours agreed to resolve issues with the state of New Jersey, US, regarding PFAS contamination throughout the state, in a proposed settlement worth over $2 billion (£1.5 billion), which includes $875 million in damages statewide. Payments will be divided among DuPont, Corteva, and Chemours, with Chemours responsible for 50%.
In June 2023, Chemours, DuPont de Nemours, and Corteva collectively agreed in principle to pay nearly $1.2 billion to settle claims related to PFAS affecting a specified range of US waterways. Chemours committed to pay approximately half of the settlement, with DuPont contributing a third, and Corteva covering the remainder.