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A federal judge ordered the Chemours Chemical Company on Thursday to immediately stop discharging unlawful levels of cancer-causing chemicals into the Ohio River from the company’s Washington Works plant.
“Those pollutants endanger the environment, aquatic life, and human health,” U.S. District Judge Joseph R. Goodwin wrote in the order. “Today, that unlawful, unpermitted discharge stops.”
The West Virginia Rivers Coalition asked Goodwin in February to require the former DuPont, now Chemours, Washington Works facility to immediately comply with its permit limits after violating it for more than five years. The coalition’s request came after the group initially sued Chemours in December over the violations.
In Thursday’s order, Goodwin wrote that the Chemours Washington Works facility “boldly violates” its permit, and must meet its permit limits until the full case is heard later this year.
“[Chemours] knows that it has been violating its permit, and it is likely to continue,” Goodwin wrote. “As a direct result, the public is exposed to real and ongoing harm.”
Since 2019, the Washington Works site has violated its permit limits by discharging higher than allowed levels of pollution, including PFAS, or ‘forever chemicals,’ into the Ohio River, which supplies drinking water for more than five million people.
Exposure to these chemicals has been linked to several serious health conditions, including cancer, liver and kidney damage, developmental problems and immune system disorders. Such chemicals — which resist heat, water, oil and grease — are used to produce everyday items, including nonstick pots and pans.
Chemours has acknowledged the plant has violated its permit limits. But they argue that they are working with the U.S. Environmental Protection Agency to address the issues. The federal agency issued a 2023 order to require the company to address its violations, but Chemours still hasn’t submitted a plan the EPA will approve.
In May, the EPA was reviewing an updated plan the company submitted in April.
“We are disappointed in the court’s ruling, strongly disagree with its characterizations, and plan to appeal the decision,” Chemours spokesperson Jess Loizeaux wrote in an email.
Loizeaux said that Washington Works’ PFAS discharges have decreased in recent months and the company looks to “maintain this compliance as we continue to implement abatement actions and take other steps at the plant.”
The West Virginia Rivers Coalition did not immediately respond to requests for comment.
“The present circumstance is that individuals who live on and engage with the Ohio River face a terrible choice: abstain from using or drinking water that comes from the Ohio River or subject themselves to the adverse health effects associated with toxic pollutants,” Goodwin wrote. “This choice violates the law.”
Reach reporter Sarah Elbeshbishi at sarah@mountainstatespotlight.org
