| Classification | Litigation pending (civil suits — allegations only); wastewater-permit expansion request is a separate, pending regulatory proceeding |
| Company/facility | Perdue AgriBusiness, Salisbury, MD (Perdue Farms subsidiary; grain/oilseed processing in Perdue’s poultry-feed supply chain) |
| Plaintiffs | Wicomico County-area residents (proposed class action; separate RCRA citizen suit by Stephen Jones and Richard Renshaw) |
| Court | U.S. District Court, District of Maryland (Judge Stephanie Gallagher) |
| Last updated | September 28, 2026 |
Scope note: added per Dirk’s August 31, 2026 direction — FAT’s processing scope includes feed-supply-chain facilities.
What’s alleged
Salisbury-area residents filed a proposed class action in October 2024 over PFAS (“forever chemicals”) contamination in groundwater at and around the Salisbury facility; reporting describes elevated PFAS levels in private wells near the plant. The class action was allowed to proceed in August 2025.
A second suit (Jones & Renshaw) alleges the facility’s wastewater discharges contaminated more than 100 area wells, including theirs, in violation of federal waste law. On January 8, 2026, Judge Gallagher allowed the suit to proceed in part — the RCRA open-dumping counts survive, while two other counts were dismissed. The court also declined Perdue’s request to stay the case pending the Maryland Department of the Environment’s investigation.
Perdue filed third-party complaints (May 8, 2026) alleging 3M manufactured PFAS-containing AFFF firefighting foam used at the Salisbury facility since 1986 and knew as early as the 1960s the foam would release PFAS without warning users, and that Johnson Controls-affiliated entities discharged the foam during maintenance/testing without proper containment. This is Perdue’s litigation position, not an independent finding as to the contamination’s source.
Mediation collapse and sanctions motion
The class action was paused roughly five months for mediation; Perdue canceled the scheduled mediation on July 11, 2026, days before the deadline to file mediation statements. On July 30, 2026, plaintiffs asked Judge Gallagher to sanction Perdue by ordering it to cover the residents’ mediation-preparation costs. No ruling on the sanctions motion has been located as of this update.
Related but separate: wastewater discharge permit expansion
Perdue has applied to the Maryland Department of the Environment to expand the facility’s Peggy Branch wastewater discharge permit from roughly 205,000 gallons/day to as much as 1 million gallons/day, which the company frames as funding a shift from lagoon-based to tank-based treatment. MDE held a public hearing in Salisbury on September 11, 2026, where residents — several identified as plaintiffs in the pending PFAS litigation — opposed the expansion. The MDE public comment period runs through November 9, 2026, 5 p.m. This is a separate MDE permitting proceeding, distinct from the PFAS litigation, though it concerns the same facility and community; no permit decision has been made.
Perdue’s position
Perdue called the January 2026 ruling “a clear win,” says it has worked with MDE, tested wells (over 900 homes per earlier reporting), provided bottled water and treatment systems to affected residents since late 2024, and voluntarily installed PFAS treatment in 2025. No court has adjudicated liability. The Maryland Department of the Environment has an ongoing investigation into PFAS contamination at the facility; no investigation findings have been published as of this update.
What FAT is tracking
- Both complaints, case numbers, and the January 8, 2026 memorandum opinion; class-certification briefing
- The ruling on plaintiffs’ July 30, 2026 sanctions motion and the status of Perdue’s third-party claims against 3M/Johnson Controls
- MDE’s decision on the wastewater-permit expansion request (comment period closes Nov. 9, 2026) and MDE investigation records/PFAS sampling data
- The facility’s role in Perdue’s poultry-feed supply chain and any links to Perdue-brand label claims
Sources
- Maryland Matters — Perdue permit request amid PFAS lawsuits (Sept. 10, 2026)
- Baltimore Sun — Perdue Salisbury wastewater permit, PFAS (Sept. 10, 2026)
- WMDT — Salisbury residents react to Perdue wastewater permit renewal amid PFAS lawsuit (Sept. 11, 2026)
- The Daily Record — Judge allows residents’ second environmental lawsuit against Perdue to move forward (Jan. 8, 2026)
- WBOC — Perdue points to firefighting tech companies for Salisbury PFAS contamination (May 11, 2026)
- Maryland Daily Record — Salisbury residents ask judge to sanction Perdue after mediation canceled (July 30, 2026)
- Baltimore Sun — Perdue faces proposed class action over PFAS in Salisbury (Oct. 15, 2024)
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