The best of EcoWatch, right in your inbox. Sign up for our email newsletter!
Citizen Lawsuit against Perdue Gains Momentum
The Clean Water Act Citizen Lawsuit against Perdue/Hudson gained another small victory in U.S. District Court when a motion to require defendants' documents to not be declared "confidential business information" was upheld.
On Nov. 17, both sides filed motions and supporting documents laying out their cases in U.S. District Court in Baltimore. The case is scheduled for trial in March 2012. To view the Waterkeeper’s Motion document, click here.
Assateague Coastal Trust (ACT) and Assateague Coastkeeper joined Waterkeeper Alliance to bring suit against Perdue Farms and one of their contracted growers in March 2010 for polluted discharges of fecal coliform, e.coli, nitrogen and phosphorus coming off the poultry growing facility into waterways connecting to the Pocomoke River and the Chesapeake Bay.
Perdue Farms and Alan Hudson were named in the lawsuit because one controls the poultry operation and the other is the owner/operator of the facility. Coastkeeper and Waterkeeper Alliance contend both should share responsibility for the polluted discharges.
A Perdue controlled website—savefarmfamilies.org—has been disseminating misleading and inflammatory statements and information related to this Clean Water Act citizen lawsuit. With the recent filing of a Motion for Summary Judgment (MSJ), the lawsuit is now at a point where the plaintiffs and ACT can make a statement, with facts, to dispute the many misstatements on Perdue’s savefarmfamilies.org website.
Click here to read ACT’s Nov. 17 statement.
To provide our members and visitors access to public documents related to this case, in an effort to provide facts, you can find the following documents by clicking here.
- Coastkeeper and Waterkeeper Alliance original Clean Water Act Complaint
- Judge Nickerson order denying Perdue’s motion to dismiss the case but dismissing ACT and Coastkeeper as plaintiffs, on a technicality
- Motion for Summary Judgment filed Nov. 17, 2011
- Documents and exhibits attached to the MSJ pleading
In an interesting turn of events, the Governor of Maryland attempted to interfere with an on-going litigation by writing this letter to Dean Haddon of the University of Maryland School of Law, which was promptly replied to in a terse response to Gov. Martin O'Malley. On Nov. 21, various Waterkeepers of the Chesapeake also responded to O'Malley's letter with their statement.
For more information, click here.
EcoWatch Daily Newsletter
by Jordan Davidson
Taking action to stop the mercury from rising is a matter of life and death in the U.S., according to a new study published in the journal Science Advances.
By Alisa Opar
For Chinook salmon, the urge to return home and spawn isn't just strong — it's imperative. And for the first time in more than 65 years, at least 23 fish that migrated as juveniles from California's San Joaquin River and into the Pacific Ocean have heeded that call and returned as adults during the annual spring run.
By Jessica Corbett
Dozens of students, parents, teachers and professionals joined a Friday protest organized by Extinction Rebellion that temporarily stalled morning rush-hour traffic in London's southeasten borough of Lewisham to push politicians to more boldly address dangerous air pollution across the city.
Jose A. Bernat Bacete / Moment / Getty Images
By Bridget Shirvell
On a farm in upstate New York, a cheese brand is turning millions of pounds of food scraps into electricity needed to power its on-site businesses. Founded by eight families, each with their own dairy farms, Craigs Creamery doesn't just produce various types of cheddar, mozzarella, Swiss and Muenster cheeses, sold in chunks, slices, shreds and snack bars; they're also committed to becoming a zero-waste operation.
By Jessica A. Knoblauch
Summers in the Midwest are great for outdoor activities like growing your garden or cooling off in one of the area's many lakes and streams. But some waters aren't as clean as they should be.
That's in part because coal companies have long buried toxic waste known as coal ash near many of the Midwest's iconic waterways, including Lake Michigan. Though coal ash dumps can leak harmful chemicals like arsenic and cadmium into nearby waters, regulators have done little to address these toxic sites. As a result, the Midwest is now littered with coal ash dumps, with Illinois containing the most leaking sites in the country.