SALISBURY, Md. - The Salisbury neighbors suing Perdue Farms over alleged “forever chemical” contamination in private drinking water wells are seeking to expand their lawsuit to include several firefighting technology companies previously identified by Perdue as potential contributors to the contamination.
In a consent motion filed Sept. 30 in U.S. District Court and acquired by WBOC, attorneys for the residents asked for permission to file an amended complaint adding Johnson Controls Inc., Johnson Controls Fire Protection LP, Tyco Fire Products LP, Chemguard Inc., and 3M Company as defendants in ongoing PFAS litigation.
The development comes months after Perdue itself pointed to PFAS-containing firefighting foam as a potential source of contamination associated with its nearly 300-acre Agribusiness facility on Zion Church Road.
As WBOC previously reported in May, Perdue sought to file third-party complaints against firefighting technology companies, including 3M and Johnson Controls-related entities. Perdue alleged aqueous film-forming foam, or AFFF, had been used in the facility's fire suppression system for decades and caused or contributed to the PFAS contamination.
The residents initially opposed Perdue's efforts to bring those companies into the litigation. Under the new Sept. 30 filing, however, the plaintiffs have withdrawn those objections and now consent to Perdue filing its third-party complaints.
Neighbors target firefighting foam manufacturers directly
Originally, the residents' claims focused solely on Perdue and allegations that PFAS-contaminated wastewater from the Salisbury Agribusiness facility was discharged into the environment and migrated into groundwater and nearby private wells.
The new complaint continues to pursue those allegations against Perdue but also directly targets the companies allegedly responsible for manufacturing, selling, and servicing PFAS-containing firefighting foam used at the facility.
The residents argue Perdue's fire suppression system used 3M AFFF beginning in 1986 and later used other PFAS-containing firefighting foams. Johnson Controls serviced and tested the system beginning by 2014, according to the complaint, and that the use and testing of the foam contributed to PFAS entering the facility's wastewater systems, soil, groundwater, and surface water.
“Despite the long-standing existence of safer alternatives, Defendants’ continued manufacture, marketing, sale, distribution, use, storage, discharge, release, testing, and/or disposal of PFAS-containing AFFF/Class B foam has caused or contributed to the contamination of drinking water, groundwater, surface water, soil, wastewater systems, fish, shellfish, and/or other environmental media, thereby exposing Plaintiffs and others to toxic PFAS chemicals,” the proposed amended complaint reads.
The revised suit also brings new product liability claims against the firefighting foam companies, including allegations of defective design and negligence. The residents allege the companies knew or should have known their PFAS-containing products could contaminate drinking water and the environment.
Perdue has maintained that it does not use PFAS in its manufacturing operations and that the sole source of PFAS was from the AFFF firefighting foam manufactured and sold by the separate companies.
Lawsuit alleges wider contamination
The proposed complaint also incorporates substantially more information about the extent of the PFAS contamination than was available when the lawsuit was first filed two years ago.
The Salisbury citizens now allege testing has found at least 170 drinking water wells in nearby communities exceeding federal limits for one or more PFAS chemicals, in some cases at levels 10 to 100 times those limits. The filing also cites testing that allegedly shows PFAS contamination in Peggy Branch and Middle Neck Branch downstream from the Perdue facility.
The amended complaint also draws from a July 2025 report that estimates the groundwater contamination plume has migrated at least a mile from the facility and has been moving for at least a decade. The residents assert more than 500,000 gallons of PFAS-contaminated groundwater are migrating from the property each day.
The plaintiffs go on to say continuing sources of contamination may include leaking lagoons, contaminated soil, and former spray fields. A remediation plan cited in the complaint estimates initial cleanup measures, including soil excavation, lagoon reconstruction, and groundwater treatment systems, could cost approximately $92.8 million. The complaint says additional long-term measures, potentially including a permanent public water system, may also be necessary.
New plaintiffs, new claims
The amended complaint also changes the group of residents leading the proposed class action. Rachael Chaney remains a plaintiff and is now joined by Carrie and Steven Lewis, Lisa King, and Clark Blackburn. The latest filing includes individual well-testing results for those residents showing varying concentrations of PFAS chemicals.
Wednesday’s filing further alleges one of the plaintiffs, who was diagnosed with kidney cancer in 2020, developed the disease as a result of exposure to contaminated water.
The residents continue to seek damages for alleged health and property impacts, medical monitoring, and an order requiring the defendants to stop further PFAS releases, remediate existing contamination and provide permanent treatment or an alternative safe water supply.
Legal saga continues
The Sept. 30 filing does not itself make the proposed amended complaint the main complaint in the case, at least yet. The Salisbury residents have asked the federal court for permission to file it.
Perdue has agreed not to oppose that request, according to court documents, while reserving its ability to raise defenses or seek dismissal of claims at a later date. At the same time, the residents have agreed not to oppose Perdue's proposed third-party complaints against the firefighting technology companies.
“This is a step forward as plaintiffs have now alleged that AFFF is the source of the alleged contamination near the Perdue AgriBusiness site and are taking steps to hold 3M and JCI accountable as the parties who actually produced and released this material,” Andrea Staub, Senior Vice President, Corporate Communications at Perdue said in a statement to WBOC.
“Perdue does not manufacture or use PFAS in its operations,” Staub continued. “We have been focused on addressing the issue responsibly by supporting impacted neighbors investing in testing and treatment and working closely with MDE. We will continue to defend ourselves through the legal process while remaining committed to the Salisbury community.”
While the updated complaint seeks to add new defendants, Brockstedt Mandalas Federico, the legal firm representing the Salisbury residents, continues to focus on what it believes is Perdue’s culpability.
"The amended complaint we filed supplements certain allegations already in the complaint and also joins several new defendants,” Phil Federico and Chase Brockstedt, partners at Brockstedt Mandalas Federico, told WBOC on Thursday. “To be clear, adding 3M and Johnson Controls as defendants does not change Perdue's obligations to this community. Perdue was responsible for managing its wastewater, and its handling and disposal of PFAS-laden waste has contaminated groundwater, surface water, soil, and private wells in Salisbury.”
“Our focus remains on holding Perdue accountable while seeking recovery from all parties that may be responsible to restore access to safe, clean drinking water for affected families,” Federico and Brockstedt added.
