No appeal in poultry litter case
Jan. 24, 2013
by Meat&Poultry Staff
BALTIMORE — The Waterkeeper Alliance will not appeal a federal court ruling against their case, according to news reports. The deadline to file an appeal was Jan. 22.
The group sued Perdue Farms and Hudson Farm, an independent contract poultry grower, on allegations of violating the Clean Water Act. A federal judge ruled in favor of Perdue and Hudson Farm.
“Given the high burden appellate courts impose for reversing a district court's findings of fact, Waterkeeper Alliance will not appeal Judge Nickerson's decision,” the group said in a statement.
In the lawsuit, the Waterkeeper Alliance alleged that chicken manure from Hudson Farm was polluting local waters that ultimately flow to the Chesapeake Bay. The group argued that Perdue Farms also should be liable for the pollution. Perdue argued that the Waterkeeper Alliance failed to prove any wrongdoing or that the company should be responsible for the actions of its contractors. In his ruling, Judge William Nickerson of the US District Court in Baltimore said the plaintiffs did not prove their case.