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Fourth Circuit Clarifies Irreparable Harm Showing Required to Obtain Preliminary Injunction to Prevent PFAS Discharges in Excess of Permit Limits
June 16, 2026
Wesley S. Stevenson, Esq.
MGKF Litigation Blog
In West Virginia Rivers Coalition, Inc., et al. v. The Chemours Company FC, LLC, the Court of Appeals for the Fourth Circuit vacated a district court decision to preliminarily enjoin The Chemours Company (“Chemours”) from discharging hexafluoropropylene oxide dimer acid (“HFPO-DA”)—a Chemours-created PFAS chemical— from its Washington Works facility in excess of its permitted limit. In doing so, the Fourth Circuit took no issue with the district court’s standing analysis, but determined the district court made legal and factual errors in its irreparable harm determination.
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