The ruling follows years of excessive PFAS releases from Chemours’ Washington Works plant into the Ohio River. In granting a preliminary injunction, the court found that Chemours has violated its permit hundreds of times since 2020 and acknowledged in testimony that it will continue to do so without significant operational changes.
“Defendant Chemours has discharged unpermitted levels of toxic pollutants into the Ohio River. Defendant knows that it has been violating its permit, and it is likely to continue,” U.S. District Judge Joseph R. Goodwin wrote in the Aug. 7, 2025 order.
HFPO-DA is a persistent PFAS compound used in fluoropolymer manufacturing. Like PFOA, it is resistant to degradation and can travel long distances in water. Studies link exposure to adverse effects on the liver, kidneys, immune system, and fetal development.
The permit limits for HFPO-DA—1.4 µg/L monthly average at one outlet and 1.1 µg/L at another—were based on health goals designed to protect human health and aquatic life. The court emphasized that every incremental exposure constitutes harm, particularly for residents who rely on Ohio River water supplies.
The order requires Chemours to:
This decision confirms that under the Clean Water Act, citizen groups have a direct legal pathway to compel compliance when regulators do not act. It reflects a growing trend of courts holding industrial facilities accountable for PFAS releases that exceed permitted limits, regardless of operational or economic challenges.
At the same time, the Trump administration’s EPA has moved to weaken federal PFAS standards, proposing in May 2025 to rescind limits on several compounds—including HFPO-DA—and extend compliance deadlines for PFOA and PFOS from 2029 to 2031, citing the need for flexibility, particularly for small and rural water systems.
While these changes may reduce short-term compliance pressures for industry and utilities, they also shift greater responsibility to state regulators and citizen enforcement to ensure water quality protections are met. For water utilities, the result is continued investment in costly treatment infrastructure to remove persistent contaminants from drinking water. For manufacturers, the Chemours ruling underscores that even amid regulatory rollbacks, prolonged noncompliance carries substantial legal and reputational risks, making proactive pollution control measures essential to avoid litigation and operational disruption.
