Legal Notice Of Clean Water Act Violations

OCEAN CITY, MD - Assateague Coastkeeper and Waterkeeper Alliance today announced that they have sent a notice of intent to file suit against the Alan and Kristin Hudson Farm a chicken factory farm located in Berlin, MD and Perdue Farms, Inc., for violations of the Clean Water Act. The Eastern Shore facility, which consists of an 80,000-bird Concentrated Animal Feed Operation (CAFO), is owned by Alan Hudson, a contract grower for Perdue Farms.

This legal action against Hudson Farm and Perdue is the culmination of several years of intense scrutiny of the Maryland CAFO industry for its contribution to the ongoing decline in health of the states local waters. The results of recent water sampling from ditches that ran past an extensive, uncovered manure pile on the property show high levels of many toxic pollutants, including fecal coliform, phosphorus and nitrogen. In addition, photographic evidence taken from both the ground and the air over the past few months clearly shows the runoff from the manure pile to the surrounding ditch drainage areas. The facility discharges pollution into the Franklin Branch of the Pocomoke River, which then empties into Chesapeake Bay. Both the Pocomoke and the Bay have been listed as impaired for nutrients under the Clean Water Act.

"If you want to find out why the Chesapeake watershed is so polluted, then you don't need to look any further than this facility and others like it around the Eastern Shore," said Assateague Coastkeeper Kathy Philips. Until this industry takes on responsibility for its waste and state environmental agencies get serious about protecting our waterways, no amount of taxpayer money, ongoing study or well-intentioned legislation is going to fix the Bay's problems.

The Waterkeeper organizations plan on filing a case in federal court against Hudson Farm and Perdue after the 60-day notice period expires, in which they will be seeking an injunction against further pollution, an order to clean up the mess and fines for each day of violation. Waterkeepers will be represented by attorneys with Waterkeeper Alliance and by the University of Maryland Law School Environmental Law Clinic under Director Jane F. Barrett.

Waterkeeper Alliance photos of the Hudson Farm property are available on request. Click here to e-mail your request.

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Assateague Coastkeeper isan on-the-water advocate who patrols and protects the Maryland and northern Virginia Eastern Shore, standing up to polluters and guaranteeing everyones right to clean water. More information can be found at www.assateaguecoastkeeper.org

Waterkeeper Alliance is a global environmental organization uniting more than 190 Waterkeeper programs around the world and focusing citizen advocacy on the issues that affect our waterways, from pollution to climate change. More information can be found at www.waterkeeper.org.