Is Clean Water Achievable in Sussex County, Delaware?

Jessica Clark • October 24, 2023


Delaware is a small state big in agriculture, according to the U.S. Department of Agriculture. Broiler production annually accounts for over 75% percent of Delaware’s agricultural production and Sussex County is the largest broiler producing county in the United States.

 

Chicken production may be good for the state’s economy, but it’s bad for water quality. Sussex County’s major industrial chicken producer — Mountaire Farms — is a particularly egregious polluter.

 

Mountaire Farms

 

Mountaire Farms is an agricultural food production and processing company that employs more than 10,000 workers and has revenues of more than $2 billion annually. It’s the fourth largest chicken company in the U.S., according to its website. It has a large presence in Delaware and plays a major role in Sussex County’s economy as the main employer in Millsboro, where per capita income is $10,000 below the national average.

 

The company pledges “to be good stewards of all of the assets that God has entrusted to us” and holds “that the health of humans, animals, and the environment are inseparable.”

 

From its scholarship programs to its support to many organizations, including Little League, Boys and Girls Club, and the local fire company, Mountaire is known for its generosity and community involvement. Mountaire feeds thousands of folks at Thanksgiving, Christmas, and Easter, and participates in Earth Day coastal community cleanups.

 

But despite these many community contributions, the company is embroiled in a major legal battle over its longstanding failure to protect the groundwater from extremely dangerous levels of pollution.

 

As in neighboring states, Delaware has a system in place for tracking water quality. The Department of Natural Resources and Environmental Control monitors the bays, ponds, streams, and rivers to assess the quality of Delaware’s surface waters, and collects data on chemical, physical, and biological characteristics, including nitrogen and phosphorus. 

 

The U.S. Geological Survey and other federal agencies, academic institutions, and citizen volunteer monitoring programs contribute to these efforts, and the University of Delaware collects data on water quality conditions in the Broadkill River and inland bays watersheds.

 

Despite these controls, contaminated drinking water has long been an environmental justice issue for rural communities of color in Sussex County that are near poultry processing plants that release toxic wastewater that ends up in local wells and waterways. 

 

Thanks to some Millsboro residents, this problem has garnered plenty of media attention, after they sued Mountaire Farms.

 

An Environmental Disaster

 

In late 2017, many Millsboro residents found large pallets of water bottles on their porches, along with a note from their “Friends at Mountaire” cautioning them not to drink the water their wells produced from the northern Columbia aquifer. There were no other explanations until the media broke the story. 

 

Hundreds of gallons of effluent containing 41 times the permitted levels of nitrates and 5,500 times the permitted level for fecal coliform had been released onto hundreds of acres of farm fields. Additionally, Mountaire also failed to report crucial data about its activities to the state, even after the U.S. Environmental Protection Agency ordered the company to stop polluting more than a decade earlier.

 

Two residents on Jersey Road live about a mile from the Mountaire Farms plant. Called Anne and Nancy for this article (they fear retribution because their claims are not yet settled), they immediately joined the class action suit, which ultimately expanded to thousands of members.

 

According to the lawsuit, Mountaire “sprayed billions of gallons of highly contaminated wastewater and liquefied sludge onto fields, which then percolated into the groundwater for nearly two decades.” 

 

A 2021 Washington Post article by journalist Darryl Fears, who focuses on environmental justice issues, stated that wastewater was contaminated with nitrogen, phosphorus, and other chemicals.

 

As he wrote: 

Daily, the company drenched spraying fields around the plant with two million gallons of largely untreated wastewater. It maintained nine-million-gallon lagoons that leaked into Swan Creek, which flows into the Indian River. Nitrogen also trickled into the groundwater. The nitrate level reached more than 25 parts per million, far exceeding safety limits and raising the risk of severe health problems, including cancers of the bladder and stomach as well as brain tumors. Other ailments include birth defects, pre-term births, and ‘blue baby syndrome,’ a condition that is fatal to newborns.

 

What’s more, the plaintiffs’ lawyers maintained that nitrate toxicity caused high rates of cancer, gastrointestinal disease, inflammatory bowel disease, Crohn’s disease, diarrhea, wheezing, shortness of breath, other ailments, and deaths. Likewise, the polluted air was ripe with hydrogen sulfite that smelled like rotten eggs. 

 

The $205 Million Settlement

 

In April 2021, Delaware Superior Court Judge Craig Karsnitz approved a $65 million settlement for more than 3,000 people neighboring the poultry plant who rely on the Columbia aquifer for water. 

 

Mountaire also entered into a federal consent decree requiring it to upgrade its wastewater treatment facility; remediate groundwater contamination; and provide safe drinking water to affected residents through either a central water system, deeper wells, or individual, whole-home filtration systems. As ordered, it would cost the company $120 million, along with another $20 million for maintaining the improved operations. 

 

At the time, Mountaire stated that they did not believe they caused any damage to any of the plaintiffs, but chose to settle in order to achieve a final resolution, as well as to allow construction of the new wastewater treatment plant that would allow continued operations. Permits were issued in January 2021.

 

Residents’ Dilemmas

 

A court-appointed official was assigned to determine how the $65 million settlement will be split among the class action plaintiffs. To receive a portion, class members such as Nancy and Anne are required to submit a claim that includes the severity of injuries and damages incurred.

 

“In the beginning, since I have health problems, lawyers came to my house regularly. I wasn’t informed when I must make some decisions about settling. Now, I have many more questions about how to settle and I can’t get return phone calls,” Nancy said. “Can I get a deeper well and/or a whole house filtration system, or both, to guarantee safe water? Or is it too late?”

 

Nancy and her husband built their house in 2004 upon moving from the Philadelphia area. After being diagnosed with bladder cancer in 2011, he died in 2012. Seven years later, Nancy learned she had congestive heart failure and chronic kidney disease.

 

“I was told by my lawyer that even if our health problems could be attributed to bad water quality, it would be difficult to amass the large amount of medical documentation needed to prove causation,” she recalled. “Additionally, my husband served in Vietnam and was exposed to Agent Orange. I don’t have faith in the outcome. They are waiting for me to die.” 

 

Recently, Nancy left a message with her attorney to request a deeper well and the whole house filtration system as her settlement to guarantee safe water but has not yet received an answer. 

 

In Anne’s case, her parents bought their house in 1984 and lived there until their deaths in 2011 and 2015. “My father had atrial fibrillation, cancer, circulation problems, and problems with his intestines resulting in a colostomy. My mother had an irregular heartbeat and became immobile and then bedridden before she died.” 

 

Anne and her husband retired and moved from New Jersey into her parents’ home in 2015. Anne suffers from constant itching after bathing, skin breakouts on her upper torso, and yeast infections. After the move, her husband was diagnosed with heart problems and had a pacemaker installed.

 

“When I spoke with my lawyer about having public water, he commented it was ‘not possible, out the window,’” Anne said. So Anne chose the whole house filtration system and a deeper well as her best alternative. “I did accept a check for $2,500, so I don’t know if that was the final settlement.” 

 

Possible Solutions?

 

Approximately 15% of Americans rely on private drinking water supplies, which are not subject to EPA standards. Elevated nitrate concentrations are most common in domestic wells that are less than 100 feet deep. Deeper wells are a solution.

 

A DNREC hydrologist told this writer, “Twenty-five percent of wells in Sussex County have nitrates over the EPA drinking water standards of 10 parts per million or 10 mg/L from runoff of agricultural farming based on groundwater studies.” 

 

Indeed, according to the Centers for Disease Control and Prevention, shallow rural wells are those most likely to be contaminated with nitrates, especially in areas where nitrogen-based fertilizers are widely used. Moreover, contamination by animal or human organic wastes can raise the concentration of nitrates in water. 

 

Some protection against nitrate pollution is afforded by deeper wells, which provide for a protective clay layer between the aquifer and the surface. The DNREC hydrologist stated, “The Columbia aquifer is about 110 feet in the Millsboro area. Residents who install a well at 65 feet deep would not have a protective clay layer.”

 

Ellendale, a community of about 550 people, solved the problems of contaminated wells by implementing a public central water system, after decades of pushing for one. The project got off the ground in 2018 after final passage of a third referendum, with the help of a partnership between Sussex County and Artesian Water Company, and funding from the Delaware Department of Health and Social Services Bond Bill. 

 

Delores Price, longtime resident, former mayor, and then-president of the Ellendale Civic Community Improvement Association, worked tirelessly to convince other residents to connect to the central water system. As she explained: “Our town, surrounded by forests, farms, and swampy areas not far from the Delaware Bay, is gradually succumbing to housing developments. These factors contributed to overreach for water supplies, the water table changed, and many of the wells were not deep enough and failed. I had to replace my well two times when it went dry. Runoffs from farms and farming irrigation systems contributed also.”

 

Loretta Benson, now president of ECCI, said, “The water smelled. We couldn’t use it. It took more than 20 years for the project to become a reality. Most residents connected to the present system at no cost. Water bills are usually $25 a quarter, so it is affordable — and now safe to drink and bathe.” 

 

Michael J. Globetti, DNREC spokesperson, provided this update on Mountaire:

Mountaire has completed Phase 1 upgrades as required. All remaining upgrades are scheduled to be in place by the end of January 2024. Mountaire will be inspected biannually. DNREC staff will visit the site, meet with Mountaire staff, and observe wastewater treatment plant upgrade status.

 

Meanwhile, many Millsboro class action members are under pressure to make a settlement decision and the two Millsboro women cited in this article haven’t received answers from their lawyers to their many questions despite repeated phone calls. There is no quick resolution to this story.

 

 

Jessica Clark is a graduate of the University of Maryland School of Journalism. After a 30-year career as a Public Information Specialist and photojournalist for several federal agencies, she retired to Georgetown, Del. She restored former Governor John Collins’ 1790s home on Collins Pond and is a Sussex County Master Gardener. 

 

Common Sense for the Eastern Shore

By CSES Staff October 24, 2025
 Sparking alarm among housing advocates, social workers, and residents, Salisbury Mayor Randy Taylor has announced plans to gut Salisbury’s nationally recognized Housing First program, signaling a break from years of bipartisan progress on homelessness. Created in 2017 under then-Mayor Jacob Day, the initiative was designed around a simple but powerful principle: that stable, permanent housing must come first before residents can address problems with employment, health, or recovery. The program was designed to provide supportive housing for Salisbury’s most vulnerable residents — a model backed by decades of national data showing it reduces homelessness, saves taxpayer dollars, and lowers strain on emergency services. But under Taylor’s leadership, that vision appears to be ending. In a letter to residents, the City of Salisbury announced that the Housing First program will be shut down in 2027, in effect dismantling one of the city’s long-term programs to prevent homelessness. Taylor says he plans to “rebrand” the program as a temporary “gateway to supportive housing,” shifting focus away from permanent stability and toward short-term turnover. “We’re trying to help more people with the same amount of dollars,” Taylor said. Critics call that reasoning deeply flawed, and dangerous. Former Mayor Jacob Day, who helped launch the initiative, says that Housing First was always intended to be permanent supportive housing, not a revolving door. National studies show that when cities replace permanent housing programs with short-term placements, people end up right back on the streets, and that costs taxpayers more in emergency medical care, policing, and crisis intervention. Local advocates warn that Taylor’s move will undo years of progress. “This isn’t just a policy shift, it’s a step backward,” one social service worker said. “Housing First works because it’s humane and cost-effective. This administration is turning it into a revolving door to nowhere.” Even some community partners who agree the program needs better oversight say that Taylor is missing the point. Anthony Dickerson, Executive Director of Salisbury’s Christian Shelter, said the city should be reforming and strengthening its approach, not abandoning its foundation. Under Taylor’s proposal, participants could be limited to one or two years in housing before being pushed out, whether or not they’re ready. Advocates fear this change could push vulnerable residents back into instability, undoing the progress the city was once praised for. While Taylor touts his plan as a way to “help more people,” critics say it reflects a troubling pattern in his administration: cutting programs that work. For years, Salisbury’s Housing First initiative has symbolized compassion and evidence-based leadership and has stood as a rare example of a small city tackling homelessness with dignity and results. Now, as Taylor moves to end it, residents and advocates are asking a simple question: Why would a mayor tear down one of Salisbury’s most successful programs for helping people rebuild their lives?
By John Christie October 24, 2025
On the first Monday of October, the Supreme Court began a new term, Term 2025 as it is officially called. The day also marked John Roberts’ 20 years as Chief Justice of what history will clearly record as the Roberts Court. Twenty years is a long time but at this point, Roberts is only the fourth longest serving Chief Justice in our history. John Marshall, the fourth and longest, served for 34 years, 152 days (1801–35). Roger Brooke Taney, served for 28 years, 198 days (1836–64). Melville Fuller, served 21 years, 269 days (1888 to 1910). John Roberts was originally nominated by George W. Bush to fill the seat held by the retiring Sandra Day O’Connor but, upon the unexpected death of William Rehnquist, Bush instead nominated Roberts to serve as Chief Justice. His nomination was greeted by enthusiasm and high hopes in many quarters. He was young, articulate, personable, and highly qualified, having had an impressive academic record, experience in the Reagan administration and the private bar, and service on the federal D.C. Court of Appeals for two years. His “balls and strikes” comment at his confirmation hearing struck many as suggesting judicial independence. He sounded as well very much like an institutionalist, having said at an early interview that “it would be good to have a commitment on the part of the Court to act as a Court.” Whatever else might be said 20 years later about the tenure of John Roberts as Chief Judge, the Supreme Court is no doubt much less popular and much more divisive today than it was on September 29, 2005, when he was sworn in as the 17th Chief Justice by Justice John Paul Stevens, then the Court’s most senior associate justice, and witnessed by his sponsor, George W. Bush. Gallup’s polling data shows popular support for the Court now at the lowest levels since they started measuring it. In July 2025, a Gallup poll found that, for the first time in the past quarter-century, fewer than 40% of Americans approved of the Supreme Court’s performance. According to Gallup, one major reason that approval of the Supreme Court has been lower is that its ratings have become increasingly split along party lines — the current 65-point gap in Republican (79%) and Democratic (14%) approval of the court is the largest ever. The legal scholar Rogers Smith wrote in The Annals of the American Academy of Political and Social Science in June, “Roberts’s tenure as Chief Justice has led to the opposite of what he has said he seeks to achieve. The American public now respects the Court less than ever and sees it as more political than ever.” These results signify more than simply a popularity poll because a Court without broad public support is a Court that will not have the same public respect upon which their most important decisions have historically depended. And, whatever the reasons for this development, it has happened on John Roberts’s watch. There is no better example of the current divisiveness on the Court than the remarkable string of “emergency” rulings on the Court’s so-called shadow docket since January 20. The extent of ideological and partisan differences has been sharp and extreme. The conservative majority’s votes have frequently been unexplained, leaving lower court judges to have to puzzle the decision’s meaning and leaving the public to suspect partisan influences. And the results of these shadow docket rulings have had enormous, sometimes catastrophic, consequences: Removing noncitizens to countries to which they had no ties or faced inhumane conditions Disqualifying transgender service members Firing probationary federal workers and independent agency heads Ending entire governmental departments and agencies without congressional approval Allowing the impounding of foreign aid funds appropriated by Congress Releasing reams of personal data to the Department of Government Efficiency Allowing immigration raids in California based on racial and ethnic profiling John Roberts has written many Supreme Court opinions in his 20 years as Chief Justice. At the 20-year mark, the most important, to the nation and to his legacy, will likely be his opinion in the Trump immunity case, which changed the balance of power among the branches of government, tipping heavily in the direction of presidential power. Trump v. United States (2024). In her dissent from his majority opinion in that case, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, warned about the consequences of such a broad expansion of presidential power. “The Court effectively creates a law-free zone around the president,” upsetting the status quo that had existed since the nation’s founding and giving blanket permission for wrongdoing. “Let the president violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. In every use of official power, the president is now a king above the law.” Roberts claimed in his majority opinion that the “tone of chilling doom” in Sotomayor’s dissent was “wholly disproportionate” to what the ruling meant. However, Sotomayor’s words have proved prescient: the breadth of power that Trump and his administration have asserted in the months since he was sworn in for his second term has made plain how boundlessly they now interpret the reach of the presidency in the wake of the Roberts opinion. Despite the early “balls and strikes” comment, the assessment of John Roberts’ long term judicial record suggests something different as seen by several distinguished legal commentators from significantly different perspectives. As summarized by Lincoln Caplan, a senior research scholar at Yale Law School, in a new retrospective article on Robert’s 20-year tenure, “From his arrival on the Court until now, his leadership, votes, and opinions have mainly helped move the law and the nation far to the right. An analysis prepared by the political scientists Lee Epstein, Andrew Martin, and Kevin Quinn found that in major cases, the Roberts Court’s record is the most conservative of any Supreme Court in roughly a century.” “What Trump Means for John Roberts's Legacy,” Harvard Magazine , October 8, 2025. Steve Vladeck, Georgetown Law Center professor and a regularly incisive Court commentator, characterized the 20-year Roberts’ Court as follows: “The ensuing 20 years has featured a Court deciding quite a lot more than necessary — inserting itself into hot-button social issues earlier than necessary (if it was necessary at all); moving an array of previously settled statutory and constitutional understandings sharply to the right; and, over the past decade especially, running roughshod over all kinds of procedural norms that previously served to moderate many of the justices’ more extreme impulses.” “The Roberts Court Turns Twenty,” One First , September 29, 2025. In another remarkable new article by a widely respected conservative originalist, similar concerns about the present Court have very recently been expressed. Caleb Nelson, who teaches at the University of Virginia and is a former law clerk to Justice Clarence Thomas, has written that the text of the Constitution and the historical evidence surrounding it in fact grant Congress broad authority to shape the executive branch, including by putting limits on the president’s power to fire people. “Must Administrative Officers Serve at the President’s Pleasure?” Democracy Project, NYU LAW , September 29, 2025. When the First Congress confronted similar ambiguities in the meaning of the Constitution, asserts Nelson, “more than one member warned against interpreting the Constitution in the expectation that all presidents would have the sterling character of George Washington.” Nelson continues, “The current Supreme Court may likewise see itself as interpreting the Constitution for the ages, and perhaps some of the Justices take comfort in the idea that future presidents will not all have the character of Donald Trump. But the future is not guaranteed; a president bent on vengeful, destructive, and lawless behavior can do lasting damage to our norms and institutions.” 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 Jan Plotczyk October 24, 2025
If you’ve ever wondered just how slavishly loyal Rep. Andrew P. Harris (R-MD01) is to President Donald Trump, you can now put a number on it! Just consult the Republican National Platform Ratings. When you do, you will find that Rep. Harris has a very high overall score: 90.38%. He is the most aligned with the Trump/GOP platform among Maryland’s congressional representatives. No surprise there. Among all U.S. senators and representatives (using 2024 votes), Harris is 43rd most aligned. One might expect more from the chair of the right-wing Freedom Caucus. Harris scores at 90.38% aligned overall. His ratings by topic range from 82.98% to 100%. The topics refer to chapters in the platform: Defeat inflation and quickly bring down all prices. Seal the border and stop the migrant invasion. Build the greatest economy in history. Bring back the American Dream and make it affordable again for families, young people, and everyone. Protect American workers and farmers from unfair trade. Protect our Constitution and seniors. Cultivate great K-12 schools leading to great jobs and great lives for young people. Bring common sense to our government and renew the pillars of American civilization. Government of, by, and for the people. Return to peace through strength. Here are all Harris’s scores:
By CSES Staff October 24, 2025
Several thousand people turned out on Oct. 18 in communities across the Eastern Shore to participate in the national “No Kings Day” protests, joining thousands of simultaneous events nationwide opposing the policies of President Trump’s administration. Demonstrations were held in Salisbury, Ocean City, Easton, Cambridge, Chestertown, and Centreville. These gatherings were part of a broader coalition effort that organizers say reflects frustration with the administration’s direction and a demand for renewed accountability and democracy. Participants across the Shore held signs and expressed concerns about immigration enforcement, executive power, and transparency in government. In jurisdictions that lean Republican and supported Trump in 2024, the rallies underscore a growing discrepancy between voting patterns and present activism. For example, in Queen Anne’s County — where the Trump vote was strong — residents joined the demonstration with statements of surprise at the turnout. Despite the scale of national mobilization, local organizers emphasized that the protest is rooted in community values of fairness, participation, and civic voice. One organizer on the Shore described the event as a reminder that “when people choose to show up, they remind their communities what democracy looks like.” Authorities reported no major disruptions during the Shore events, and police in some areas confirmed the rallies proceeded peacefully. For many in the region, the demonstrations mark an opening moment for more active civic engagement on the Shore, one that observers say could reshape local politics in counties historically seen as less partisan.
By CSES Staff October 24, 2025
The Maryland Democratic Party has launched a statewide initiative, Contest Every Seat, that aims to recruit candidates to run for public office across all levels of government ahead of the 2026 elections. Party officials say the goal is to ensure voters in every district across Maryland have a choice on the ballot. The program will include outreach, training sessions, and support for prospective candidates considering campaigns for local, county, and state positions. “The effort is designed to encourage Marylanders who want to make change in their communities to step up and take action,” the party announced. Interested individuals can visit mddems.org/run for information about the application process and training opportunities. The Maryland Democratic Party said similar initiatives in past election cycles helped increase candidate recruitment in local and rural areas, including the Eastern Shore.
By CSES Staff October 24, 2025
With the federal government now shut down for more than three weeks, Maryland is losing hundreds of thousands of dollars in revenue daily, a reflection of the state’s deep economic ties to the federal workforce. According to the Maryland Comptroller, approximately 230,000 Marylanders work directly for the federal government, with an additional 200,000 employed by federal contractors. The state’s economy, long intertwined with the operations of nearby federal agencies, is feeling the strain as paychecks stall and agencies close. Comptroller Brooke Lierman estimates Maryland is losing about $700,000 in state revenue each day — roughly one percent of the state’s average daily revenue of $100 million. “That is a small piece of our overall state budget,” Lierman said, “but as long as all our federal workers are paid what they are owed, that money will get back to us.” Federal employees generally receive back pay after shutdowns end, but recent statements from President Trump suggesting that furloughed workers may not be repaid have created uncertainty. More than 150 members of Congress, including Maryland’s entire Democratic delegation, signed a letter this week urging the Trump administration to guarantee back pay under the 2019 Government Employee Fair Treatment Act, which requires compensation for federal employees affected by a shutdown, and which Trump himself signed into law. Rep. Sarah Elfreth (D-MD03) said Congress is prepared to defend those protections. “Denying that pay would be illegal, and we will use every tool we have — both in Congress and in the courts — to ensure federal employees are made whole,” she said. During the 35-day federal shutdown in 2019, Maryland lost more than $13 million daily in economic activity and over $550,000 daily in tax revenue, according to state data. This latest shutdown comes amid broader federal workforce reductions under the U.S. Department of Government Efficiency, which announced layoffs earlier this year. A federal judge temporarily halted further cuts on Oct. 15 following a legal challenge. The effects extend beyond government offices. Universities such as Johns Hopkins and the University of Maryland Baltimore Washington Medical Center report disruptions to federally funded research projects and grant cycles. Gov. Wes Moore has directed state agencies to provide emergency support to furloughed federal workers, including housing and utility assistance. On Oct. 17, Moore announced the Maryland Transit Administration will offer free MARC and commuter bus rides to federal employees who show valid government ID. “This is what Maryland does in times of crisis, we band together and help each other out,” Moore said. “But no state can fill the gap created by the federal government. The longer this shutdown lasts, the more pain we will feel.” There is no indication of when negotiations in Washington to end the shutdown will resume.
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