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Environmental & Energy

Sep. 11, 2026

4th Circuit PFAS decision reinforces irreparable harm requirement

The 4th Circuit's decision provides a useful, defense-oriented roadmap for resisting environmental injunctions premised on alleged future health effects where the movant cannot show likely irreparable harm.

Ayodeji Ayolola

Attorney
Gordon Rees Scully Mansukhani, LLP

See more...

4th Circuit PFAS decision reinforces irreparable harm requirement
Shutterstock

On June 3, 2026, the 4th Circuit vacated a preliminary injunction that had effectively required The Chemours Company to comply immediately with its Clean Water Act permit limits for HFPO-DA discharges from the Washington Works facility near Parkersburg, West Virginia. In West Virginia Rivers Coalition, Inc. v. The Chemours Company FC, LLC, No. 25-1924 (4th Cir. 2026), the court held that although the plaintiff had standing, it failed to carry its burden to show likely ...

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