Quick summary
• A new federal lawsuit claims Chemours’ Washington Works plant in West Virginia has been illegally discharging toxic PFAS chemicals into the Ohio River since 2023.
• The West Virginia Rivers Coalition is suing under the Clean Water Act, alleging numerous permit violations and seeking $66,000 per day in fines, potentially totaling $50 million.
• Chemours has already paid over $800 million in settlements for past PFAS pollution, including a $671 million personal injury settlement in 2017 and a $110 million settlement with Ohio in 2023.
• Residents remain frustrated, with original litigant Joe Kiger stating, “We have put up with this for 24 years, and [Chemours] is still polluting.”
• PFAS exposure has been linked to cancer, thyroid disease, autoimmune disorders, and birth defects, and the EPA says no level of PFOA in drinking water is safe.
• Despite an EPA consent order requiring corrective action, Chemours has done nothing, and regulators have taken no further enforcement steps.
• This case could set a legal precedent for holding chemical manufacturers accountable for PFAS pollution nationwide, as similar lawsuits emerge in Michigan, North Carolina, and Minnesota.
A decades-long battle over toxic pollution in Parkersburg, West Virginia, has reignited as a new federal lawsuit accuses chemical giant Chemours of illegally discharging high levels of PFAS (“forever chemicals”) into the Ohio River.
Despite previous lawsuits forcing DuPont and Chemours to pay over $800 million in settlements, local advocates say pollution from the company’s Washington Works plant continues unchecked. The West Virginia Rivers Coalition is now suing under the Clean Water Act, citing numerous violations of PFAS discharge limits imposed in early 2023.
“We have put up with this for 24 years, and [Chemours] is still polluting, they’re still putting this stuff in the water,” said Joe Kiger, a Parkersburg resident and one of the original litigants in 2001.
The lawsuit seeks $66,000 per day in fines for every violation, a total that could reach $50 million, and demands court enforcement to stop the pollution.
The West Virginia Rivers Coalition filed its federal complaint in January, alleging that Chemours has violated its wastewater discharge permit since 2023 by releasing:
• PFOA, a chemical the EPA says has no safe level in drinking water.
• GenX, a newer PFAS compound linked to serious health risks.
The lawsuit states that Chemours failed to comply with an EPA consent order requiring corrective action.
“The EPA has acknowledged Chemours is violating the law, but has taken no further enforcement action regarding Chemours’s violations as of the date of this complaint,” the lawsuit states.
Chemours, however, has denied wrongdoing, stating:
“Concerns are being addressed” and the company is working with regulators “to navigate both the consent order and the permit renewal process.”
The Washington Works plant has been the focal point of a legal and environmental crisis for nearly 25 years.
• In the late 1990s, concerns arose when local livestock started dying near the plant.
• A class-action lawsuit in 2004 secured $70 million for affected residents, but the case did not immediately prove PFAS caused widespread health issues.
• Instead, the funds were used for an epidemiological study of 70,000 residents, which by 2012 confirmed PFOA exposure was linked to cancer, kidney disease, thyroid problems, and autoimmune disorders.
• In 2017, DuPont and Chemours settled 3,500 personal injury lawsuits for $671 million.
• In 2023, Chemours paid $110 million to settle a lawsuit with the state of Ohio over pollution largely from the Washington Works plant.
Despite these financial penalties, the pollution has not stopped.
Many Parkersburg residents feel betrayed by Chemours’ ongoing PFAS discharges.
“They do what they can to make money,” said West Virginia attorney Harry Deitzler, who helped lead previous lawsuits. “The officers in the corporation sometimes don’t care about what’s right and wrong – they need to make money for shareholders and the lawsuits make everyone play by the same rules.”
Others believe Chemours has too much local influence. The company remains a major employer, donates heavily to local causes, and still enjoys public support despite its pollution record.
“People put a blind trust in them,” said Kiger. “It could be snowing out and Chemours would tell everyone it’s 80°F and sunny, and everyone will grab their tan lotion.”
What Are PFAS?
PFAS (per- and polyfluoroalkyl substances) are synthetic chemicals used in industrial and consumer products, including nonstick cookware, firefighting foam, and waterproof fabrics.
These chemicals:
• Do not break down easily and persist in water, soil, and human bodies.
• Have been linked to serious health conditions, including:
• Cancer
• Liver and kidney disease
• Thyroid disorders
• High cholesterol and autoimmune issues
The EPA has determined that virtually no level of PFOA in drinking water is safe.
GenX, the PFAS chemical now replacing PFOA, has also been linked to severe health risks, including organ damage and developmental problems.
The lawsuit underscores frustration with regulatory inaction.
• The EPA ordered Chemours to take corrective action, but the company has done nothing in response.
• The West Virginia Department of Environmental Protection has been slow to act, despite a history of industry ties within regulatory agencies.
• Litigation has become the only tool available to hold Chemours accountable.
“It’s infuriating,” said Rob Bilott, the attorney who led the original class-action suit. “It took decades of making DuPont documents and internal data public, and getting the story out through movies, news articles, books and public engagement, and that’s what finally pushed the needle here. This is the impact of citizens forcing it through decades of litigation.”
Potential Outcomes
• If successful, the lawsuit could force Chemours to pay millions in fines and halt illegal PFAS discharges.
• The case could set a legal precedent for stronger enforcement of PFAS regulations.
• Other states, including Michigan, North Carolina, and Minnesota, are pursuing similar lawsuits against chemical manufacturers.
The outcome of this case could set a precedent for PFAS accountability nationwide. But for Parkersburg residents, the fight for clean water and justice continues—25 years after it first began.
Visit Conservation West Virginia to see how the organization is preserving the natural environment for ourselves and future generations is an important West Virginia value.
COMMENTS