Damaging, but Not Illegal Pollution in Perdue, Berlin Farm, and Waterkeeper Alliance Trial

This week testimonies wrapped up in the Waterkeeper Alliance Inc vs. Alan and Kristin Hudson Farm and Perdue Farms Inc trial. The case questions whether chickens or cows were the source of nutrient and bacteria pollution found in a ditch nearby the Hudson Farm in Berlin, Maryland. If the pollution came from the cows, then its not illegal because pasture runoff is not regulated. Yet if the chickens contributed, then the Hudsons and Perdue are in trouble.

Waterkeeper Alliance cites that the 80,000 chickens contributed to the pollution through fans used to vent the chicken houses. Thanks to a study which documented that 3 1/2 pounds of waste were blown from a flock of chickens much smaller than the Hudsons', they estimate that up to 10 pounds of dust streamed from the houses. This dust most likely contained nutrients and bacteria and those particles could have ended up in the ditch. In their defense the Hudsons and Perdue state that the Hudsons' 60 cows, which generate 3,000 pounds of manure a day, were the sole source of pollution. In Wheeler's report, they also argued that the grass between the chicken houses and the ditch would have absorbed most of the dust. A testimony from Virginia Tech microbiology professor Charles Hagedorn supported this claim and cited his own observations about the farm. But wherever Judge Nickerson decides the source of the pollution, this farm is still polluting the Chesapeake Bay. 

Map Credit: Waterfront Partnership of Baltimore, INC

And as the Berlin Farm contributes to bacteria and nutrient pollution in the Lower Eastern Shore, the health of the Chesapeake Bay deteriorates. In particular, bacteria pollution hinders recreational usage of waterways because it can cause gastrointestinal problems and other health issues. The overabundance of nutrients sparks algae bloom and kills fish. So even if the judge rules that the cows were the sole source of pollution, it doesn't make the pollution less harmful. 

In their closing statement Waterkeeper Alliance stated they are confident about their case and cited that the Clean Water Act "empowers ordinary citizens to participate in the implementation and enforcement of the program, giving us all a chance for cleaner water". In their last comments, Alan Hudson and his wife are ready "to put this nightmare completely behind [them]".  A Perdue spokesperson said that the company hopes to be vindicated of any charges.

The post-trial statements are scheduled for November 14th and closing arguments for November 30th. Sometime afterwards Judge Nickerson will make his ruling.  

This post is the 3rd installment on the Waterkeeper Alliance, Perdue, and Hudson Farm trial. To read the other parts click the links below:

Part 1:  Perdue and Eastern Shore Chicken Farm Trial Begins 

Part 2: Farming, Pollution, and Animal Cruelty in Perdue, Hudson Farm, and Waterkeeper Alliance Case

Part 3: Damaging, but Not Illegal Pollution in Perdue, Berlin Farm, and Waterkeeper Alliance Trial 

-Ashley