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West Virginia environmentalists suing Chemours over ‘forever chemicals’

(Court Reports - Photo Illustration/MetroCreativeConnection)

CHARLESTON — West Virginia Rivers Coalition announced Friday its intent to file a lawsuit against The Chemours Company FC LLC for ongoing violations of the Clean Water Act at its Washington Works facility.

The coalition is taking this action to safeguard public health from hazardous PFAS chemicals, according to a release from the WVRC.

Chemour’s violations stem from its failure to adhere to the terms and conditions of a Clean Water Act discharge permit issued by the West Virginia Department of Environmental Protection, the coalition said. That permit limits the concentrations of PFAS in Chemours’ discharges into the Ohio River in Washington, W.Va. Despite the issuance of a Compliance Order by the Environmental Protection Agency on April 26, 2023, Chemours has yet to rectify the situation, and the coalition finds it necessary to take steps to pursue legal action to ensure accountability, the WVRC release said.

Interim Executive Director Autumn Crowe emphasized the urgency of the situation, stating, “EPA and Chemours have had a year to bring this facility into compliance. However, PFAS chemicals continue to be released into the Ohio River at unsafe levels, in clear violation of their permit. We cannot stand idly by while public health and our water are endangered.”

PFAS, or per- and polyfluoroalkyl substances, are a group of chemicals known as “forever chemicals” due to their persistence in the environment and their detrimental health effects. Exposure to PFAS has been linked to various health issues, including cancer, liver damage, and birth defects.

Crowe expressed concern over Chemours’ history of non-compliance, stating, “Chemours’ discharges of PFAS into the Ohio River pose a significant threat to public health and the environment. Despite the EPA’s Compliance Order, Chemours has not faced any monetary penalties for its actions, and violations persist.”

WVRC’s notice of intent to sue, issued under Section 505(b)(1) of the Clean Water Act, gives Chemours 60 days to rectify the violations before legal action is pursued. If Chemours fails to address the issues within this timeframe, the coalition can commence a civil action in federal district court seeking civil penalties and injunctive relief. The Clean Water Act allows citizens to enforce water pollution violations when federal and state agencies are not diligently prosecuting those violations.

“We are committed to holding Chemours accountable for its actions and ensuring that our waterways are protected for future generations. Swift and decisive action is necessary to address these violations and protect public health,” Crowe said.

In a statement issued Friday by Chemours, the company said “Chemours is committed to being a good neighbor to the communities in which it operates. In compliance with the Consent Order agreed upon by the U.S. EPA and Chemours in April 2023, and as noted in today’s notice letter from Appalachian Mountain Advocates, Chemours submitted a timely Alternatives Analysis and Implementation Plan to reduce PFAS discharges. However, that plan remains under review with EPA.”

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