Second Lawsuit Targeting Allen Harim Rejected


Another legal challenge to the proposed Allen Harim Foods LLC poultry processing plant near Millsboro has fallen short.

A Superior Court judge’s ruling upholds a blueprint Allen Harim and the Delaware Department of Natural Resources and Environmental Control developed to monitor soil and water pollution on the site, a former Vlasic pickle factory, during its conversion to a chicken plant.

The ruling went against two environmentally minded groups – Protecting Our Indian River and the Inland Bays Foundation – who had asked the court to overturn DNREC’s endorsement of the pollution monitoring plan.

The plan obligates Allen Harim to monitor groundwater in wells on its property for many years and to pay for remediation if pollutants increase or appear to be moving off the property.

But that plan, the groups argued, is so narrowly focused it may not catch water or soil pollution seeping into nearby residential neighborhoods. They objected to the absence of any off-property water testing in the pollution control plan and argued DNREC ought to have made Allen Harim pay for testing done in or near those neighborhoods.

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