06/16/2026
In West Virginia Rivers Coalition v. Chemours, the Fourth Circuit clarified what showing is required by the movant to establish irreparable harm for purposes of a preliminary injunction.
In vacating the injunction, the panel held harm to the public may not be considered as part of the irreparable harm determination; rather, the movant must show it is more likely than not that the movant itself will suffer irreparable harm to obtain a preliminary injunction. The decision provides guidance regarding the irreparable harm showing and the evidence a movant must produce to demonstrate the harm they will suffer without judicial intervention. See our latest Litigation blog post by Wesley Stevenson for full details. https://www.mankogold.com/publications-articles-Chemours-CAA-HFPO-DA-PFOA-West-Virginia.html