Maryland residents sue Perdue AgriBusiness over alleged PFAS contamination
Two Salisbury residents are suing Perdue AgriBusiness, alleging the Maryland agribusiness giant improperly discharged wastewater containing toxic chemicals onto land and into nearby streams.
Filed in Maryland's federal district court, the lawsuit claims Perdue dumped wastewater containing PFAS, or per-and polyfluoroalkyl substances, into the ground and waterways near its Salisbury facility.
PFAS are commonly referred to as "forever chemicals" because they can persist in the environment and human body for thousands of years.
According to the complaint, Perdue treats wastewater on-site and disposes of it by spraying it on nearby fields, discharging it into Peggy Branch, a small stream originating at the facility, or storing it in an on-site lagoon. The plaintiffs allege that this practice has led to high concentrations of PFAS in the local groundwater.
"We believe this lawsuit is motivated more by the law firm's financial gain than by meaningful progress for communities affected by PFAS," the company said in a statement. "Perdue AgriBusiness remains focused on transparency, accountability, and identifying the true source of contamination, since PFAS is not part of our manufacturing process."
The lawsuit states that private wells near Peggy Branch contained PFOS, a type of PFAS, at levels exceeding 100 parts per trillion. The plaintiffs argue that Perdue's practices violate the Resource Conservation and Recovery Act, a federal law that regulates the management of hazardous waste.
The Maryland Department of the Environment (MDE) discovered elevated PFAS levels at the Salisbury site during statewide testing in 2023, according to the lawsuit. Despite this, the plaintiffs say Perdue did not notify nearby residents until nearly a year later, in the fall of 2024.
"Even after Perdue's groundwater showed PFAS levels up to 343 times the drinking water standard and PFOS levels up to 20 times higher than the existing health advisory level in December 2023, Perdue waited almost a year before starting to advise neighboring homeowners," the complaint reads.
Perdue maintains that it took steps to remedy the high PFAS levels before the lawsuit was filed.
Perdue AgriBusiness responds to allegations
Perdue issued a statement denying wrongdoing and emphasizing its cooperation 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. "From the moment we received the 'responsible person' letter, we immediately began notifying residents about bottled water and testing—well before BMF filed suit on Oct. 11, 2024."
Perdue said it had already taken significant steps by the time the lawsuit was filed, including testing well water for 673 properties, installing PFAS treatment systems at 90% of impacted sites, providing bottled water, removing potential PFAS sources from its Zion Church Road facility, and continuing outreach to unresponsive homeowners.
The plaintiffs are asking the court to stop Perdue from continuing the alleged discharges and to require the company to pay for cleanup and preventative measures. They are also seeking civil penalties and reimbursement for legal fees, stating that Perdue's actions pose an ongoing risk to public health and the environment.