Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Citizen Lawsuit against Perdue Gains Momentum

Assateague Coastal Trust

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

Women walk from Santa Monica beach after a social media workout on the sand on May 12, 2020 in Santa Monica, California. Al Seib / Los Angeles Times via Getty Images

Independence Day weekend is a busy time for coastal communities as people flock to the beaches to soak up the sun during the summer holiday. This year is different. Some of the country's most popular beach destinations in Florida and California have decided to close their beaches to stop the surge in coronavirus cases.

Read More Show Less
Daily fireworks in many U.S. cities in recent weeks have no doubt been interfering with the sleep and peace of mind of thousands of veterans and others who suffer from PTSD. Flickr / CC by 2.0

By Arash Javanbakht

For some combat veterans, the Fourth of July is not a time to celebrate the independence of the country they love. Instead, the holiday is a terrifying ordeal. That's because the noise of fireworks – loud, sudden, and reminiscent of war – rocks their nervous system. Daily fireworks in many U.S. cities in recent weeks have no doubt been interfering with the sleep and peace of mind of thousands of veterans.

Read More Show Less
Koala populations across parts of Australia are on track to become extinct before 2050 unless "urgent government intervention" occurs. Mathias Appel / Flickr

Koala populations across parts of Australia are on track to become extinct before 2050 unless "urgent government intervention" occurs, warns a year-long inquiry into Australia's "most loved animal." The report published by the Parliament of New South Wales (NSW) paints a "stark and depressing snapshot" of koalas in Australia's southeastern state.

Read More Show Less
NASA is advancing tools like this supercomputer model that created this simulation of carbon dioxide in the atmosphere to better understand what will happen to Earth's climate if the land and ocean can no longer absorb nearly half of all climate-warming CO2 emissions. NASA/GSFC

By Jeff Berardelli

For the past year, some of the most up-to-date computer models from the world's top climate modeling groups have been "running hot" – projecting that global warming may be even more extreme than earlier thought. Data from some of the model runs has been confounding scientists because it challenges decades of consistent projections.

Read More Show Less
A child stands in what is left of his house in Utuado, Puerto Rico, which was almost completely destroyed by Hurricane Maria, on Oct. 12, 2017. U.S. Coast Guard Petty Officer 1st Class Jon-Paul Rios. Flickr, CC by 2.0
By Mark Hertsgaard and Kyle Pope

To hear many journalists tell it, the spring of 2020 has brought a series of extraordinary revelations. Look at what the nation has learned: That our health-care system was not remotely up to the challenge of a deadly pandemic. That our economic safety net was largely nonexistent. That our vulnerability to disease and death was directly tied to our race and where we live. That our political leadership sowed misinformation that left people dead. That systemic racism and the killing of Black people by police is undiminished, despite decades of protest and so many Black lives lost.
Read More Show Less
President Trump's claim last September that Hurricane Dorian was headed for Alabama's gulf coast was quickly refuted by employees at the National Oceanic and Atmospheric Administration (NOAA). An independent investigation found that NOAA's chief violated the agency's ethics when he backed Trump's warning and doctored map that used a Sharpie to alter the storm's path, as EcoWatch reported.
Read More Show Less

Trending

African bush elephants in the Makgadikgadi Pans Game Reserve in Botswana on Nov. 22, 2016. Michael Jansen / Flickr

More than 350 elephants have died in Botswana since May, and no one knows why.

Read More Show Less