A CLA Litigation Story: Ending Acidic Pollution At Fleischmann’s Vinegar
Unpermitted pollution and lax regulatory enforcement of the Clean Water Act (CWA) often result in negative impacts on water quality and the communities that use the impacted watershed. This was the case with Fleischmann’s Vinegar Company (FVC) at their facility in Baltimore City.
Community observations and an investigation by our client, Blue Water Baltimore, discovered that Fleischmann’s facility has been discharging acidic pollution into the Jones Falls since at least 2021 and likely much longer. This illegal pollution was the likely cause of at least two fish kills adjacent to and immediately downstream of the Facility. The Maryland Department of the Environment (MDE) inadequately investigated the fish kills and failed to take any enforcement response regarding the continuous illegal pollution coming from the facility.
In response to this investigation, CLA filed a federal CWA enforcement action against Fleischmann’s Vinegar Company, Kerry, Inc., and the parent, Kerry Holding Co. in the U.S. District Court for the District of Maryland seeking to hold these corporate polluters accountable for years of illegal pollution coming from the facility. It was only after we filed suit that MDE commenced their own separate action.
Read the full Complaint here:
On March 29th 2024, CLA lodged a Consent Decree and on April 4th, the Consent Decree was entered by the Court. The Consent Decree resolves our client’s claims, requires FVC to take action to stop their illegal pollution, and requires that FVC pay at least $865,000 to fund projects to implement water quality and environmental restoration projects that will improve the water quality and aquatic and land habitats of the Jones Falls watershed. CLA will track and monitor the Consent Decree to ensure compliance with its terms and the CWA.
Read the full Consent Decree here:
