Federal judge denies Perdue Farm's request to drop lawsuit alleging PFAS contamination in Maryland

A federal judge in Maryland denied Perdue Farm's request Wednesday to dismiss a lawsuit that alleges the company contaminated a community with PFAS, or forever chemicals. 

The lawsuit, filed in early August on behalf of five Salisbury residents, claims that the agribusiness giant dumped wastewater that contained PFAS (per- and polyfluoroalkyl substances) into the ground near its facility. 

In response, Perdue denied any wrongdoing and said it believes the lawsuit is more about the law firm's financial gain rather than the alleged contamination. 

"Perdue AgriBusiness remains focused on transparency, accountability, and identifying the true source of contamination, since PFAS is not part of our manufacturing process," the company said in a previous statement. 

Request to dismiss lawsuit denied 

On Wednesday, U.S. District Judge Stephanie Gallagher denied the company's request to throw out the lawsuit. However, she did throw out two of the seven charges, including one that called for the company to stop its alleged dumping and pay for environmental cleanup measures. 

"We welcome the Court's decision to dismiss parts of the plaintiffs' case, including unsubstantiated claims attempting to link alleged health conditions to our operations," the company said in a statement. "We're confident the facts will speak for themselves as the case moves forward." 

According to the lawsuit, filed by the Brockstedt Mandalas Federico law firm, the Maryland Department of the Environment (MDE) discovered in September 2023 that Perdue's wastewater contained high levels of PFAS chemicals. The water was being disposed of on cropland and forest near Peggy's Branch stream. 

Nearly 500 homes within two miles of Perdue's wastewater disposal field use private wells for potable water, according to the lawsuit. 

The lawsuit also claims that Perdue had not tested for those specific substances but began testing for them around September 2023. 

In the lawsuit, the Salisbury residents claim that the company waited until October 2024 to notify neighbors about the PFAS chemicals. 

A spokesperson for Perdue told WJZ that it had already taken steps to address the high PFAS levels before the lawsuit was filed, including testing well water at 673 properties, installing PFAS treatment systems at impacted sites and removing potential sources of PFAS from its facility. 

"In late 2023, a state-wide sampling effort revealed elevated concentrations of PFAS at the facility and MDE requested additional testing to determine the nature, source and extent of any PFAS," Perdue said in a statement. "In September 2024, MDE notified us that further testing, remediation and public notification would be required. We immediately began identifying the impacted area and, following MDE's guidance, swiftly notified the community in late September and early October 2024."

The residents named in the lawsuit claim they "suffered, and continue to suffer, from a variety of health effects that are known to be caused by exposure" to PFAS chemicals. 

"Today's ruling marks an important milestone in this community's effort to obtain accountability and justice regarding Perdue's extensive PFAS pollution of the area's groundwater," a spokesperson for the law firm said in a statement. "Perdue has known about this public health crisis for nearly two years and concealed it until the community came together and filed this lawsuit. Unfortunately, Perdue is failing to meaningfully address the contamination while it continues production for its own profit." 

Judge Gallager said the case will proceed as MDE continues its investigation. 

Perdue has continued to deny any wrongdoing and said it is cooperating with state regulators. 

"Perdue AgriBusiness has worked closely and openly with the Maryland Department of the Environment—the only agency empowered to oversee remediation and assess impacts," the company said. 

"Our commitment to our neighbors remains unchanged," the company said Wednesday. "We are continuing to work closely with the Maryland Department of the Environment (MDE) on a comprehensive response plan, which is already well underway."