Waterkeeper Alliance suit cost $3 million
Aug. 27, 2013 Written by Jeff Montgomery The News Journal
In a case closely watched by citizen advocacy and farm
groups, a federal judge on Tuesday rejected a farm industry bid to collect $3
million in legal fees from a group that sued Perdue Farms and a family farm in
2010 over Pocomoke River water pollution.
U.S. District Court Judge William M. Nickerson tossed out
the Waterkeeper Alliance’s Clean Water Act case last year, concluding in an
opinion that the action was flawed and “not pursued or litigated as well as it
could have been.”
“It is most unfortunate that so much time and so many
resources were expended on this action that accomplished so little,” Nickerson
wrote,adding later: “That, however, is not the same as concluding that
the underlying claim was ‘frivolous, unreasonable or without foundation,’ or
ever clearly became so.”
The Waterkeeper Alliance sued Perdue and the Alan and
Kristin Hudson Farm near Berlin, Md., using a provision of the Clean Water Act
to seek enforcement for what the group viewed as uncontrolled releases of
poultry wastes...
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