In early August, a federal judge ruled that Chemours was in violation of its obligations to limit toxic pollution, writing the "record, evidence, and testimony point to one inescapable conclusion."
The ruling followed a shocking testimony by the manager at the West Virginia facility.
What's happening?
On Aug. 7, Judge Joseph R. Goodwin issued a preliminary injunction ordering Chemours to comply with its obligations under the Clean Water Act and stop its Washington Works plant from discharging the "forever chemical" HFPO-DA into the Ohio River in levels that exceed its permit.
The ruling came after the spinoff company of chemical giant DuPont exhibited a pattern of violations that impacted "all users of the Ohio River for drinking water," according to the order, with contamination documented "as far downstream" as Cincinnati and Louisville, Kentucky.
Judge Goodwin also cited the testimony of Washington Works plant manager James Hollingsworth as evidence of Chemours' failure to protect human health and aquatic life.
Hollingsworth said there was no immediate action that "would allow us to get into compliance." When asked, he confirmed the facility had not considered reducing production to limit toxic discharges. He suggested violations would continue until Chemours installed new equipment.
Why is this important?
Judge Goodwin referred to Chemours' actions as "unacceptable" because they directly exposed the public to "real and ongoing harm" from forever chemicals, according to court documents.
"There is no ambiguity," he added. "... The Clean Water Act prohibits this. The public need not bear the burden or cost of defendant's inaction."
The Ohio River provides drinking water for more than 5 million people and supports more than 150 species of fish, including species caught for human consumption, according to the Ohio River Valley Water Sanitation Commission and the Ohio Department of Health.
Forever chemicals, or PFAS, are a group of widely used, long-lasting compounds that take thousands of years to break down and can accumulate in our bodies. Research has connected exposure to PFAS to severe health complications.
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Majorly 😥 As for HFPO-DA, the chemical Chemours released into the Ohio River, it is linked to cancer, liver damage, immune system dysfunction, and fetal growth problems, among other things, as the Louisville Courier Journal notes.
What else is being done to protect the public?
For its part, Chemours said in a statement to the Louisville Courier Journal that it vehemently disagrees with the characterizations and plans to appeal the ruling.
In the meantime, the court ordered Chemours to take any action necessary to "achieve and maintain compliance" — even if that causes a temporary halt to operations.
Autumn Crowe, deputy director of plaintiff West Virginia Rivers Coalition, called the preliminary injunction "a victory for public health and the Ohio River" in an official statement.
"The Court recognized what communities have known for years: Chemours has been polluting our water and ignoring its legal obligations," Crowe added.
A trial is set for Sept. 16 to settle outstanding issues, including civil penalties.
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