Chemours ordered to immediately limit PFAS emissions into Ohio River

A federal judge in the US has ordered chemicals giant Chemours to immediately stop released unlawful levels of per- and polyfluoroalkyl substances (PFAS) into the Ohio River from its Washington Works plant in West Virginia.

‘The Defendant has a history of violating its permit, knows it is violating its permit, and intends to continue violating its permit. This is unacceptable under the Clean Water Act,’ district judge Joseph Goodwin wrote in his 7 August ruling. Therefore, he granted the non-profit West Virginia Rivers Coalition’s request for a preliminary injunction for Chemours to reduce discharges of hexafluoropropylene oxide dimer acid (HFPO-DA or Gen-X), from its Washington Works facility.

‘In this case, there is no ambiguity,’ the judge stated. ‘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.’ The injunction will stand until the court issues another order or Chemours demonstrates ‘sustained compliance’ with the permit’s HFPO-DA limits, the court said.

For many years the company had been surpassing permitted limits for discharges of Gen-X chemicals into the Ohio River with increasing frequency and severity, according to legal advocacy organisation Public Justice, which helped represent the West Virginia Rivers Coalition. In November 2024, Chemours exceeded its permitted limits for HFPO-DA at two specific outlets by as much as 454% and 166%, Public Justice said.

Chemours responded that it is ‘disappointed in the court’s ruling, strongly disagree[s] with its characterisations, and plan[s] to appeal the decision’. Its Washington Works facility has ‘demonstrated positive progress in reducing its PFAS emissions, and HFPO-DA discharges at the plant in question ‘have fallen within the permitted limits in recent months,’ Chemours added.

Earlier this month, DuPont and spin-offs including Chemours agreed to settle with the state of New Jersey, US, over PFAS contamination across the state, in a proposed deal valued at more than $2 billion (£1.5 billion), including $875 million in damages across the state. Payments will be split between DuPont, Corteva and Chemours, which would pay 50%.

In June 2023, Chemours, DuPont de Nemours and Corteva jointly agreed in principle to pay almost $1.2 billion to settle PFAS-related claims covering a defined set of US waterways. Chemours agreed to contribute approximately half the amount, with DuPont paying a third, and Corteva the rest.