ELR Citation: 55 ELR 20107
No(s). 2:24-cv-00701 (S.D.W. Va. Aug 7, 2025) (Goodwin, J.)

A district court granted an environmental group's motion for preliminary injunction in a CWA citizen suit brought against a chemical manufacturer for discharging per- and polyfluoroalkyl substances into the Ohio River. The group argued the discharges violated effluent standards and limitations set by the permit. The manufacturer moved to dismiss. The court found the group demonstrated that the unpermitted discharge irreparably harmed its members and the public, that the manufacturer knew it was violating its permit and intended to continue violating it, and that equity did not protect continued commission of a statutory wrong. The court granted the motion and ordered the manufacturer to comply with its permit.