‘A victory for public health:’ U.S. judge orders Chemours to stop dangerous discharges from WV plant

by Caity Coyne, West Virginia Watch
August 8, 2025

Chemours Chemical Company must immediately stop discharging dangerous forever chemicals from its facility near Parkersburg, West Virginia into the Ohio River, according to a federal court order released Thursday.

The order and opinion was issued by U.S. District Judge Joseph R. Goodwin in response to a lawsuit filed by the West Virginia Rivers Coalition last year over continued and excessive pollution from Chemours’ Washington Works plant.

“This case is simple and all too familiar. For years, Defendant Chemours Company has discharged pollutants into the Ohio River. The level of discharge far exceeds the legal limits that bind Chemours,” Goodwin wrote in his opinion and order. “Those pollutants endanger the environment, aquatic life and human health. Today, that unlawful, unpermitted discharge stops.”

A representative for Chemours told Mountain State Spotlight reporter Sarah Elbeshbishi that the company was “disappointed” in the ruling and “strongly disagree[d]” with the court’s characterizations. Chemours plans to appeal the decision.

The Ohio River supplies drinking water to 5 million people across several states, though not all of them are downstream from the Chemours facility.

The Rivers Coalition filed its initial suit in December 2024. A preliminary injunction hearing for the case was held in May. Goodwin said on Thursday Chemours continues to “boldly violate” discharge limits set in its state-issued permit and, in that hearing, “admitted as much.”

In a statement Thursday, members of the West Virginia Rivers Coalition celebrated the court’s order.

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

Representatives for Chemours previously told the court that it would take more than two years for the company to come into compliance with discharge limits. Attorney Dave Yaussy said in May that the court shouldn’t issue a preliminary injunction to stop the facility from operating because even that “won’t stop necessarily exceedances from occurring.”

In Thursday’s order, Goodwin didn’t much care for this argument. He said the company should “take any measures necessary to achieve and maintain compliance.”

“[Chemours] could shut down its plant, modify its manufacturing processes, reduce production or send process wastewater off-site to achieve compliance,” Goodwin wrote. “Compliance may be expensive and burdensome, but it is possible.”

Goodwin said the preliminary injunction to order Chemours to stop exceeding discharge limits is in the public interest due to the environmental and health harms known to be associated with perfluoroalkyl and polyfluoroalkyl substances, or PFAS.

PFAS, called “forever chemicals” because they don’t break down in bodies or the environment, are known carcinogens, and exposure to them has been linked to reproductive health issues, fetal development complications, thyroid diseases, various cancers and more. They also can endanger aquatic life and alter ecosystems where they are present.

States and the federal Environmental Protection Agency set certain standards for how much of specific pollutants companies are allowed to discharge into waterways. Those standards are based on research showing what exceedances could pose a threat to human and environmental health and are often enforced through the federal Clean Water Act as well as in permits issued to companies by states for operation.

According to documents provided to the court, Chemours’ Washington Works plant has been accused of at least 199 violations of its state permit, and therefore the Clean Water Act, for discharge exceedances.

“[Chemours’] permit is not a suggestion; rather, its permit protects public health and environmental life while balancing the needs of manufacturing,” Goodwin wrote. “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.”

Attorneys for Chemours previously argued to the court that the harms of these exceedances are too difficult to quantify and, therefore, impossible to prove to a degree appropriate for court action or to render relief for.

Goodwin said the harm of PFAS exposure is clear. To argue that relief can’t be sought due to difficulty in quantifying the actual harm, he wrote, is “dangerous.”

“[Chemours’] argument posits a dangerous premise: exposure to a harmful pollutant like [PFAS] is acceptable on some average, despite many permit violations, and the purpose of the Clean Water Act. Under this theory, a plaintiff exposed to concentrations of [PFAS] has no recourse until she develops a serious illness. This theory of irreparable harm cannot be,” Goodwin wrote. “Instead … all those who use the Ohio River suffer irreparable harm with each incremental exposure to [PFAS]. Incremental exposure, resulting in incremental harm, is irreparable harm. It need not be calculable.”

The order issued Thursday is not the end of this case; a trial is set for Sept. 16. Jennie Smith, the executive director of the West Virginia Rivers Coalition, said the organization is “looking ahead” to the trial in hopes it will “resolve remaining issues, namely civil penalties, and to a full and fair process that reflects the public’s interest in clean, safe water.”

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West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.