Good News: Motion to Intervene Granted on GenX Chemical Case
WILMINGTON, NC – A coalition of community, public health, and environmental justice groups and Southeastern North Carolina residents received good news yesterday: the Third Circuit has granted the motion to intervene in the Chemours’ challenge to the GenX health advisory.
Produced at the Chemours plant in Fayetteville, North Carolina, GenX chemicals are harmful members of the PFAS class of toxic “forever chemicals” that have for four decades been polluting the Cape Fear River, a source of drinking water for nearly 500,000 residents. Backed by extensive peer-reviewed science, the advisory identifies a GenX level of 10 parts per trillion (ppt) in drinking water to protect communities from the serious health effects of GenX exposure.
The court order reads: “The foregoing motion is granted. Movants have met their burden to show ‘a sufficient interest in the litigation,’ ‘a threat that the interest will be impaired or affected, as a practical matter, by the disposition of the action,’ and ‘that [their] interest [may] not [be] adequately represented by the existing parties to the litigation.’ Pennsylvania v. President United States of Am., 888 F.3d 52, 57 (3d Cir. 2018) (quoting Kleissler v. U.S. Forest Serv., 157 F.3d 964, 969 (3d Cir. 1998)).
“It is heartening that the Court accepted our position and was not swayed by the opposition of Chemours and EPA,” said attorney Bob Sussman, counsel for the groups.
The coalition members are Center for Environmental Health, Cape Fear River Watch, Clean Cape Fear, Democracy Green, North Carolina Black Alliance, Toxic Free North Carolina, NRDC (Natural Resources Defense Council) and five residents, Lacey Brown, Kyle Horton, Harper Peterson, Debra Stewart and Mike Watters.
Read more about the case here.