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.
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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