Perdue Agribusiness

SALISBURY, MD - A local law firm has filed a class action lawsuit against Perdue AgriBusiness over elevated levels of PFAS, or “forever chemicals,” at their facility on Zion Church Road in Salisbury.

Earlier this month, Perdue announced testing of groundwater near the facility revealed the higher-than-normal amount of the chemicals and their intentions to test well water of homes in the area. Perdue says the affected groundwater is not used in their manufacturing process.

On Monday, law firm Baird Mandalas Brockstedt and Federico (BMBF) announced they had filed a civil lawsuit against Perdue AgriBusiness and are seeking anyone in the area who may have been exposed to the chemicals.

BMBF says additional testing in the area revealed nitrates often produced in agricultural practices  were also found in groundwater samples. Nitrates pose additional health risks, according to BMBF.

PFAS chemicals have been detected in numerous commercial and industrial products and have been linked to cancer and other illnesses.

“The presence of these harmful chemicals is raising concerns about potential water contamination affecting local homeowners and businesses that rely on well water,” BMBF, which specializes in environmental cases, says on their website. “PFAS can lead to health problems such as cancer, liver damage, thyroid disease, and fertility issues.”

The lawsuit, filed Friday, October 11th, lists five plaintiffs and seeks monetary damages as well as Perdue's remediation of PFAS contamination of their properties. The suit alleges the Maryland Department of Environment discovered in September 2023 Perdue's wastewater, disposed of on cropland and forested areas via spray irrigation at the AgriBusiness location, contained high levels of PFAS chemicals. 

EPA standards say the safe drinking water levels for PFAS chemicals PFOS and PFHxS is 4 parts per trillion and 10 parts per trillion (ppt), respectively, according to the suit. Groundwater tested at the facility in January 2024 revealed levels of PFOS at 1370 ppt and PFHxS at 1300 ppt, plaintiffs say.

The full lawsuit has been attached to this article.

Perdue issued the following statement to WBOC Monday:

"Perdue AgriBusiness is aware of a lawsuit related to the detection of PFAS in the groundwater at our Zion Church Road facility. This is a developing situation, and the presence and source of PFAS in nearby residential wells has not yet been determined. 

We recognize the concern this may cause nearby property owners and as we have previously shared, we are fully cooperating with MDE and actively investigating all possibilities, including other potential sources in the area.

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 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."