The Daily Record is reporting that the Hudson family-owned farm in Berlin did not violate the Clean Water Act, a federal judge decided Thursday.
Senior U.S. District Judge William N. Nickerson ruled in favor of Perdue and Hudson Farm after a closely-watched lawsuit alleging the pollution of a Chesapeake Bay tributary.
Read more: https://thedailyrecord.com/2012/12/20/perdue-farmer-win-pollution-lawsuit/#ixzz2FcHQaWTM
Joe Diamond says
Be warned!
The Hudson family just wanted to farm……….from other sources Perdue threw them under the buss, noting that there were cows on the property that probably did the polluting…not Perdue. That is all just part of the discussion.
The dangerous part is the federal Government employees who get these things going in the name of us, the people. The regulators are paid regardless of who wins. How about if the federal employees personally pick the legal defense costs? This “got ya” kind of enforcement just take the fun out of one nation under God.
How much were the legal defense costs? Who paid? Is a successful defense really a win?
Joe
Jack Offett says
Read the opinion at http://www.savefamilyfarms.org.
Joe Diamond says
Hey Jack,
That link is down…..but I have seen bits of this story elsewhere….I’ll look over the weekend.
Joe
Steve Payne says
Try:
https://www.savefarmfamilies.org/
Joe Diamond says
Steve, that one worked,
Pretty good collection of exhibits! This is not quite Janet Reno and the FBI gunning down religious deadenders. But it is a significant warning of things to come. I think what got my attention originally was getting Purdue into this case. They buy and sell chickens. They have experience keeping out of the production end for many reasons so it was a surprise they got involved. My suspicion at the time was they got included only because they had the money to pay a judgment.
I think the letter from the governor said it all.
Maryland farms are not big enough to set prices but where does it say that individuals can use state resources to shut them down?
Good one,
Joe
Steve Payne says
I thought the opinion was very well written. While it contained all the legal references and mumbo jumbo it was also very descriptive. Almost anyone could read it and understand most of what this was about.
The Plaintiff included Perdue and the decision was fairly clear why the judge allowed that. It was also very clear why the case against them failed. So I guess in some situations these so called integrators can still be held liable.
I have a fair amount of experience in sediment control and storm water management and it seems to me that, based on the description in the case, the farmer was doing a pretty good job.
Joe Diamond says
Glad this one settled out,
Chicken operations might have been the wrong target, at least the growers. I have been into both the growers and procesing operations. The former is often so clean they have water to stop anything from outside the farm from coming or going. They hose trucks and tires. Visitors shoes get booties and some areas are just not open to outside visitors who might spread contamination to the flocks.
The latter; the plants would have been an easier target.
The manure, while common to all growers is handled in a wide variety of ways. I am surprised the water watchers attempted to make a class action in the manner they did. And they mix of bull shit they used didn’t help them…….the judge had a detector in operation and caught it.
Joe