Fourth Circuit Overturns Preliminary Injunction in Chemours PFAS Case

Short summary

Fourth Circuit Court overturned a preliminary injunction against Chemours for PFAS permit violations, ruling plaintiffs must prove personal irreparable harm, not merely public harm or Clean Water Act violations. The decision raises the evidentiary bar for environmental litigation, requiring expert testimony that contamination exposure will "more likely than not" cause harm. This shapes enforcement strategy for both environmental plaintiffs and chemical manufacturers.

• •Court rejected injunction requiring Chemours to limit PFAS (HFPO-DA) discharge from its Washington Works plant
• •Plaintiffs cannot establish irreparable harm solely through permit violations or public-health concerns
• •Future environmental suits must present stronger causal evidence linking exposure to personal harm

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