Press Release
May 21, 2024
Baltimore, MD—Blue Water Baltimore (BWB), represented by Chesapeake Legal Alliance (CLA) and Saul Ewing, LLP, reached a $1.3 million settlement with Fleischmann’s Vinegar Company, Kerry Inc., and Kerry Holding Co. for alleged water pollution violations in the Jones Falls, a Baltimore waterway that drains to the Inner Harbor.
The settlement follows a 2023 federal lawsuit filed by BWB for unpermitted acetic acid discharges and other pollution after two fish kills were discovered in the Jones Falls. Under the agreement, Fleischmann’s will immediately cease all unpermitted discharges, continue monitoring to prevent further pollution, and contribute over $1.3 million to resolve the case. This includes $865,000 for environmentally beneficial projects to restore Jones Falls, $25,000 in federal penalties, and reimbursement for BWB’s legal fees and costs.
This action follows BWB and the Maryland Department of the Environment’s $4.75 million settlement with Baltimore City regarding violations at the state’s two largest wastewater treatment plants—the largest clean water enforcement action in Maryland history. Together, these settlements will direct over $2.76 million to local projects that benefit residents and waterways most affected by pollution. The Chesapeake Bay Trust will distribute these funds through competitive grants, guided by public input, to ensure meaningful restoration impacts.
“We must listen to the people directly impacted by this incident and understand their wants for their watershed,” shared Chesapeake Bay Trust president, Jana Davis, Ph.D. “The Bay Trust is honored to be tapped to deliver resources back to this community and support their goals to protect and restore their natural resources.”
Blue Water Baltimore (BWB) identified water quality violations in September 2021 while investigating a fish kill near the Fleischmann’s facility at 1900 Brand Avenue. BWB documented unpermitted acidic discharges flowing through cracks in the facility’s concrete walls directly into the Jones Falls. Testing revealed the discharge contained acetic acid and pH levels as low as 3.72—far more acidic than regulatory limits and the stream’s normal pH of approximately 8.0—posing significant threats to aquatic life and water quality.
“This all began with a single call to our pollution reporting hotline, and it’s proof that one person can make a difference to protect their waterways,” said Alice Volpitta, Baltimore Harbor Waterkeeper with Blue Water Baltimore.
“We brought this case to address the pollution that was degrading the local ecosystem and hindering the public’s ability to enjoy and recreate along the Jones Falls,” said Patrick DeArmey, attorney at Chesapeake Legal Alliance. “We are thrilled that this settlement ensures the pollution will end and puts the bulk of the payments towards projects that directly benefit the Jones Falls and the community.”
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Blue Water Baltimore, home of the Baltimore Harbor Waterkeeper, is a local 501(c)(3) nonprofit watershed organization with a mission to restore the quality of Baltimore’s rivers, streams, and Harbor to foster a healthy environment, a strong economy, and thriving communities.
Chesapeake Legal Alliance is a 501(c)(3) nonprofit organization dedicated to providing free legal services, with a mission to apply the power of the law to protect and restore clean water and promote healthy, resilient ecosystems for communities across the Chesapeake Bay watershed.
Alice Volpitta, Baltimore Harbor Waterkeeper, Blue Water Baltimore, (410) 236-9136
Patrick DeArmey, Senior Attorney, Chesapeake Legal Alliance, (410) 236-9552
