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Class Action Lawsuit Filed Against Perdue AgriBusiness Over Elevated PFAS Levels

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Class Action Lawsuit Filed Against Perdue AgriBusiness Over Elevated PFAS Levels

A class action lawsuit has been filed against Perdue AgriBusiness after elevated levels of PFAS (per- and polyfluoroalkyl substances), also known as “forever chemicals,” were discovered in groundwater surrounding the Perdue AgriBusiness facility at 6906 Zion Church Road in Salisbury, Maryland.

According to Perdue, the elevated PFAS levels were not revealed through test results until August 2024. Perdue presented his findings over two weeks ago and has since sent letters to all 550+ homeowners in the interest of transparency about the current situation.

Well, Baird Mandalas Brockstedt and Federico (BMBF) — a law firm specializing in environmental tort and toxic tort cases — represents affected residents. The BMBF class action lawsuit was filed on October 11, 2024 in the United States District Court for the District of Maryland.

The Plantiffs — Rachel M. Chaney, Doug C. Davis, Julie M. Davis, Gary W. Doss, and Rebecca R. Doss — all live in the area of ​​defendant, Perdue Agribusiness.

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What damages are the plaintiffs seeking from Perdue in this lawsuit?

When filing the lawsuit, a lawyer for the BMBF said the company believes in clean air and clean water — in this particular case, clean water for drinking, bathing, cooking, and irrigating vegetables and crops — are fundamental human rights.

“The damages can be broken down into three categories, if you will,” BMBF attorney Chase Brockstedt said of the damages or relief the plaintiffs are seeking in this civil lawsuit against Perdue.

The requested damages can be divided into three categories:

  1. Renovation
  2. Property damage
  3. Heath influenced

“The first area is called renovation. Remediation is about identifying the source of the problem and forcing Perdue to fix the problem. So renovation is about fixing the problem and cleaning up the mess,” Brockstedt said.

“The second scope of damage is related to the reduction in value of real estate. People's property values ​​are affected by the presence of persistent chemicals in their groundwater. “So creating a pool of money to compensate people for their property value loss is also something that is very important,” he continued.

“The third area is related to the injuries or health effects caused by (exposure to PFAS),” Brockstedt said. This includes compensation for physical damage and injuries, as well as medical monitoring of affected residents in the future to ensure that each resident receives the care they need as quickly as possible.

BMBF attorneys have a history of successful environmental litigation, including the $205 million groundwater pollution settlement for the town of Millsboro, Delaware, against chicken processing company Mountaire and the $103 million air and water pollution settlement -Dollars for communities in North Carolina and South Carolina against New York. Indy Paper Mill.

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Potentially serious health risks from elevated PFAS levels

As of Tuesday, October 15, 2024, the source of the PFAS remains unknown and is under investigation. PFAS are found in many everyday consumer products, but can also be harmful to humans.

Further testing revealed that nitrates, often sourced from farms, were present in groundwater samples near the facility, posing an additional health risk. According to the BMBF, exposure to PFAS and nitrates is linked to several serious health conditions, including several forms of cancer.

Because of their resistance to biodegradation, hydrolysis, and photolysis, as well as their high resistance to nearly all conventional cleanup and/or disposal methods, PFAS persist in the environment – and human body – long after their initial release, consumption, or absorption, as stated in the Suit.

“We are committed to working closely with the Maryland Department of Environment (MDE) to find this source,” Drew Getty, vice president of sustainability at Perdue, previously told Delmarva Now.

Under state oversight, the MDE has asked Perdue to test certain properties near his facility. Perdue said it's important to note that the emerging concerns have nothing to do with municipal water supplies.

This ongoing investigation comes just months after Perdue paid Agribusiness $12 million for air pollution violations.

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“This is a very, very serious case. These are serious chemicals. There are health effects that can be catastrophic or even fatal. “We are very anxious to work on this case as quickly as possible and hopefully together with Perdue,” said attorney Brockstedt.

“Perdue is a long-time employer. It is a pillar of the community. We’re not trying to shut down Perdue, we’re not trying to eliminate jobs,” he continued. “We have a track record of working with large companies in cases like this where we work together to solve the problem.”

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Perdue responds to lawsuit over PFAS groundwater contamination

Perdue AgriBusiness issued the following statement to Delmarva Now regarding the civil lawsuit on Tuesday, October 15, 2024:

“Perdue AgriBusiness is aware of litigation related to the detection of PFAS in groundwater at our Zion Church Road facility. This is an evolving situation and the presence and source of PFAS in nearby residential wells has not yet been determined. We are aware of this.” This may be of concern to nearby property owners and as we have previously communicated, we are cooperating fully with MDE and are actively exploring all possibilities, including other potential sources in the area.

“Our commitment to being a responsible neighbor is unwavering. We have retained a third-party expert to conduct well water testing on properties within the required perimeter of our facility to determine the presence of PFAS in the water. We have always prioritized safety and the well.” – As part of our community, Perdue will continue to transparently work with our neighbors and community throughout this process.

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Olivia Minzola covers Lower Shore communities. Contact her with tips and story ideas at [email protected].

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