ABC 47 WMBT, Hannah Cechini
October 14, 2024
SALISBURY, Md. – Perdue AgriBusiness is facing a class action lawsuit. The legal move comes after elevated levels of PFAs, or forever chemicals, were identified in groundwater surrounding the company’s Zion Church Road facility in Salisbury.
“Our first goal is to fix the problem,” said Phillip Federico of Baird Mandalas Brockstedt & Federico, the firm representing the class. “This is not about making people rich.”
Elevated PFAs Levels Found Near Perdue Facility
On October 1st, Perdue sent letters about the discovery to about 550 residents living near the facility. The letters included a survey asking permission to test their well water alongside the Maryland Department of Environment (MDE).
The elevated levels were identified as part of statewide efforts from MDE to find where the highest concentration of PFAs might be. Earlier this year, the Environmental Protection Agency tightened up regulations over acceptable PFAs levels in drinking water from 70 parts per trillion to just four parts per trillion.
“Because [PFAs] are carcinogenic, they cause cancer. They also cause other illnesses and diseases, and they stay in the water forever. They get into your body, and stay in your body, forever,” Federico said. “It does not take much PFAs to cause cancer. So, that’s why this is such a problem.”
Perdue Promises Transparency
Perdue AgriBusiness officials say the company is aware of the lawsuit, and recognize the community’s concerns. However, the company reasserted that the source of the elevated levels of PFAs has not yet been officially identified. Perdue stated it is cooperating fully with MDE and nearby homeowners to investigate other potential sources.
The company stated in part,
“Our commitment to being a responsible neighbor is unwavering. We have contracted an outside expert to conduct tests of well water at properties within a certain radius of our facility to help determine if PFAS [sic] exist in the water. We have always prioritized the safety and well-being of our community, and this case is no exception. Perdue will continue to engage transparently with our neighbors and the community throughout this process.”
Seeking Remediation, Potential Compensation
However, Federico says his firm has done testing of its own, and names the source as Perdue. The firm used similar techniques in a case against materials producer W.L. Gore in Cecil County, by using maps to identify which businesses in a given geographic area use PFAs in their manufacturing or treatment processes.
“All the evidence that we have is the PFAs trace back to their AgriBusiness facility in Salisbury. I really can’t speculate as to what they might say is the cause.” Federico said.
Ultimately, Federico says plaintiffs are seeking remediation for any contamination that already exists. That could include pumping out contaminated water, treating it, and restoring it to the water source. Or, filtration systems could be installed in affected homes and businesses.
Federico says the firm is still working to determine the full impact zone. Plaintiffs may also seek compensation for any potential impacts on property values and health, he added.
“As we get additional information from groundwater testing and well results, we are going to be able to more specifically determine exactly where the impact area is,” Federico said.
Hoping for Collaboration
Looking ahead, Federico hopes that the lawsuit will bring about a collaborative effort between plaintiffs, Perdue, and MDE to find a solution.
“Historically in the Salisbury area, perdue is a very well-respected company that’s done a very nice job from a philanthropic standpoint, and from a community standpoint,” Federico said. “I hope that they are going to hold themselves accountable, and work with us and MDE to really clean it up for the community.”
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