The Fourth Circuit’s decision in West Virginia Rivers Coalition, Inc. v. The Chemours Company FC, LLC addresses the evidentiary requirements for obtaining a preliminary injunction based on alleged environmental harm under the Clean Water Act. The court’s ruling focused on whether an alleged statutory violation and potential future health effects were sufficient to establish the irreparable harm required for preliminary injunctive relief.
In an article published by Daily Journal, Gordon Rees Scully Mansukhani Senior Counsel, Ayodeji Ayolola, analyzes the Fourth Circuit’s treatment of irreparable harm, emphasizing that the party seeking an injunction must demonstrate a likelihood of harm to itself rather than relying solely on potential harm to the public or the existence of a Clean Water Act violation. The article also examines the distinction between standing and irreparable harm, the evidentiary significance of increased health risks, and the court’s conclusion that the record did not establish that the plaintiff’s member was likely to suffer irreparable harm before final judgment.
Ayolola has more than seven years of experience defending exposure matters in toxic tort litigation. He represents manufacturers, suppliers, contractors, and other businesses in toxic tort matters involving alleged exposure and contamination using early issue-spotting, disciplined discovery, and strategic execution to achieve favorable outcomes.
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