“Big Chicken” and the Struggle for Delmarva Quality of Life

Kathy Phillips • October 27, 2020

I am a Waterkeeper on the Lower Eastern Shore of Maryland. For the past 13 years I have been working tirelessly to protect my waterways and my local communities from the pollution and public health impacts of industrialized poultry production (Concentrated Animal Feeding Operations - CAFOs) on the Eastern Shore.

The executives, lobbyists, and public relations spokespeople who work for “Big Chicken” in the Chesapeake region are quick to hide behind the small farmers they contract with to grow their chickens. Yet today these small farmers struggle under severe contractual obligations and competition from a newer, corporate model of contract grower.

The political power of the big companies like Perdue, Tyson, and Mountaire externalizes their pollution clean-up costs and internalizes the profits that have put the health of our local waterways and our communities that depend on clean water and clean air at such risk.

As this industry has grown, so has the decline in water quality, but more importantly so has the decline of our way of life on the Shore. Small farms have been consolidated into huge tracts of corn and soybean production. Independent farmers, once the backbone of a vibrant diverse agricultural economy, are now few and far between. They struggle to get their fair share of subsidies and support in order to compete against an industrialized agricultural system and agriculture agencies that perpetuate mass chicken production.

As the industry has grown so too has a system of institutional racism on the Delmarva peninsula. Most people can’t really define “institutional racism.” Is it discrimination in hiring? Is it discriminatory police profiling? Is it calling the cops when a black bird watcher asks you to leash your dog? Well, maybe. And just maybe it is here on Delmarva in ways you can’t imagine.
 
Environmental Justice communities are one of the harder-to-see aspects of institutional racism. They are communities most often chosen for the building of prisons, the creation of landfills, and the placement of polluting and unregulated industries. They are communities that have an identity, a culture and a structure, but they are frequently poor and frequently populated by racial minorities.  

Ten years ago Assateague Coastal Trust began to partner with members of these communities when we recognized that, while these polluting industries affect water quality, they had a more immediate impact on the lives of the people living near them.


It is important to recognize that we can’t have clean water without addressing the system that willingly victimizes one portion of the population for the benefit of another. Fred Tutman, founder of the Patuxent Riverkeeper program, was recently quoted in the Washington Post saying, “I believe if you focus on helping people, you get more people helping and a better environment becomes a byproduct.”

 

Seven years ago ACT joined forces with the NAACP and community groups protesting a permit that would have allowed three million chickens to be grown directly on top of a community’s drinking water source, because the local government didn’t give a second thought to placing this polluting industrial facility smack in the middle of a community that is 80 percent African American. This potential for harm is a prime example of exactly what is meant by the phrase institutional racism.

 


This partnership resulted in successful campaigns that improved zoning ordinances in three counties so these huge industrial-scale poultry operations would be set back farther from property lines. Continued efforts are taking place in Annapolis to pass the Community Healthy Air Act and bring comprehensive air quality monitoring to the Lower Shore. This collaboration now demands that the state’s permitting agencies require cumulative impact assessments and climate change assessments in their permitting process, with more openness to public comment.

 

Today the covid-19 pandemic has shined a bright light on the inequities that our Haitian, Hispanic, and African American citizens on Delmarva face at poultry industry workplaces. For a variety of reasons, they have suffered disproportionately from the effects of the pandemic: working while sick, working in crowded conditions that spread the virus, and lacking access to vital medical services. This original collaboration between local citizens, the NAACP, and environmental advocacy groups has now expanded to include the Immigrant Workers Support Group.


The fight to protect our families, our air, our water, and the Delmarva peninsula continues.

 

 

Kathy Phillips, the Coastkeeper/Waterkeeper for the Assateague Coastal Trust, is an on-the-water advocate who patrols and protects the Maryland and Northern Virginia Eastern Shore coastal bays, standing up to polluters, and granting everyone’s right to clean water.

 

Common Sense for the Eastern Shore

By Friends of Megan Outten July 29, 2025
Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com
By John Christie July 29, 2025
Way back in 1935, the Supreme Court determined that independent agencies like the Consumer Product Safety Commission (CPSC), the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) do not violate the Constitution’s separation of powers. Humphrey’s Executor v. United States (1935). Congress provided that the CPSC, like the NLRB and MSPB, would operate as an independent agency — a multi-member, bipartisan commission whose members serve staggered terms and could be removed only “for neglect of duty or malfeasance in office but for no other cause.” Rejecting a claim that the removal restriction interferes with the “executive power,” the Humphrey’s Court held that Congress has the authority to “forbid their [members’] removal except for cause” when creating such “quasi-legislative or quasi-judicial” bodies. As a result, these agencies have operated as independent agencies for many decades under many different presidencies. Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). The majority claimed that they do not now decide whether Humphrey’s should be overruled because “that question is better left for resolution after full briefing and argument.” However, hinting that these agency members have “considerable” executive power and suggesting that “the Government” faces greater “risk of harm” from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty,” the majority gave the President the green light to proceed. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
By Shore Progress, Progessive Maryland, Progressive Harford Co July 15, 2025
Marylanders will not forget this vote.
Protest against Trumpcare, 2017
By Jan Plotczyk July 9, 2025
More than 30,000 of our neighbors in Maryland’s first congressional district will lose their health insurance through the Affordable Care Act and Medicaid because of provisions in the GOP’s heartless tax cut and spending bill passed last week.
Farm in Dorchester Co.
By Michael Chameides, Barn Raiser May 21, 2025
Right now, Congress is working on a fast-track bill that would make historic cuts to basic needs programs in order to finance another round of tax breaks for the wealthy and big corporations.
By Catlin Nchako, Center on Budget and Policy Priorities May 21, 2025
The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.
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