A trial against Perdue Farms and Maryland chicken farmers, Alan and Kristin Hudson, will move forward after a federal judge refused to dismiss the case accusing them of polluting a tributary of the Chesapeake Bay, according to a Baltimore Sun report.

The suit filed in March by the Waterkeeper Alliance, the Assateague Coastal Trust and Assateague Coastkeeper Kathy Phillips says a branch of the Pocomoke River received harmful levels of bacteria and nutrient pollution that flowed from a drainage ditch on the farm where chickens were raised for the company. Perdue and the Hudsons argued for dismissal on a variety of legal grounds, and Perdue said it should be let out of the lawsuit because it does not own the farm where chickens were raised under permit.