Posted by: Lawyer Sanders | March 2, 2010

Kentucky environmental attorney Sanders says citizens’ suit under Clean Water Act filed against Perdue Farms and its contractor because of chicken wastes flowing into streams from CAFO.

Assateague Coastkeeper and Waterkeeper Alliance filed a lawsuit in federal district court in  Maryland, against Alan and Kristin Hudson Farm – a Perdue-contract chicken factory farm in Berlin, MD – and Perdue Farms, Inc., for illegal discharges of harmful pollution into the Franklin Branch of the Pocomoke River, which empties into the Chesapeake Bay.  

Hudson Farm, a contract Perdue factory farm operation, consists of an 80,000-bird Concentrated Animal Feed Operation (CAFO) owned by Alan Hudson.

The litigation follows a failure by Hudson Farm and Perdue to correct the violations during the 60-day period after a notice of intent to sue was filed on December 17, 2009.  The citizen suit filed under the Clean Water Act is based, in part, on the results of water sampling from ditches that ran adjacent to the property.

Water samples show that high levels of many harmful bacteria were flowing from the facility, including fecal coliform and E. coli in concentrations that far exceed the limits set by the Maryland Department of the Environment (MDE) for recreational waters.

Phosphorus and nitrogen were also found in the discharges, both pollutants that contribute to the nutrient pollution choking the Chesapeake Bay.  Independent sampling by the MDE five weeks after the December 17 notice letter confirmed continuing high levels of fecal coliform and E. coli in the ditches flowing from the production area of the facility.

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