A manure-lagoon overflow at a Maryland dairy farm killed nearly 11,000 fish across 25 species, state officials say; the farm already faces a pollution lawsuit and a civil-contempt request over alleged violations
An overflow from a manure lagoon at Kilby Farms in Cecil County, Maryland, has killed nearly 11,000 fish across 25 species in Basin Run, according to the Maryland Department of the Environment. The incident, which came to light in early October 2026, marks a far larger fish kill than a similar event at the same farm in 2025. State officials say the discharge occurred as the dairy already faces a lawsuit and a civil-contempt request over alleged repeated violations of a 2025 settlement aimed at stopping pollution in the waterway, as per reports.
A creek choked with dead fish
Basin Run is a small but ecologically important stream in northeast Maryland. It flows west through Cecil County before emptying into the Susquehanna River and, ultimately, the Chesapeake Bay. The creek is known locally for its population of wild trout and has long been a favourite spot for fishing and outdoor recreation.This week, however, the stream was lined with dead fish for more than four miles, from Kilby Farms downstream to Octoraro Creek. Chris Thomas, a neighbour who grew up on Basin Run and still lives alongside it, described the scene as worse than anything he had seen before, as per The Banner. He told reporters that foamy water and dead fish, including tiny minnows, trout and eels, floated in the stream, with a stench lingering over the area.The Maryland Department of the Environment estimates that nearly 11,000 fish died across 25 species. Preliminary findings point to an overflow at a Kilby Farms manure lagoon as the cause. The agency described the incident as unacceptable and said it was taking the issue very seriously, noting that it had already obtained a preliminary injunction barring the facility from discharging pollution into the waterway.
A farm already under legal pressure
The fish kill comes as Kilby Farms faces a lawsuit from the Maryland Department of the Environment over alleged repeated discharges of manure and other pollutants into Basin Run. The state sued the dairy and an associated real estate company this year over failures to comply with a 2025 settlement that was meant to end discharges of foul liquid into the creek, as per reports.Under Maryland law, large-animal operations such as dairy farms require approvals to regulate and prevent discharges. Despite housing hundreds of cows, Kilby Farms does not have permit coverage, according to state officials. Testing by Maryland regulators has found depleted water quality and significantly less life in Basin Run downstream from the farm, reinforcing concerns about the impact of ongoing pollution.The agency has now asked a judge to hold the dairy in civil contempt over continued violations. A hearing on that motion is scheduled for October 13 in a Cecil County courtroom. The state says it is seeking to enforce the preliminary injunction and ensure that the facility stops discharging pollution into the waterway, as per reports.
Neighbours react to another disaster
The Banner further reported that for neighbours downstream from Kilby Farms, the latest fish kill is the latest chapter in a long-running environmental struggle. Larry McCracken Jr., who has watched pollution in Basin Run for years, said he is encouraged to see others worried about the problem but hopes solutions do not come at the cost of individual livelihoods. He believes many issues on the property date back decades and predate the current operator.Chris Thomas, who once described a Basin Run fish kill from a year ago as the worst environmental thing he had ever seen, said this week’s incident surpassed even that, reported The Banner. He donned waders to assess the stream with MDE inspectors and said the damage extended more than four miles downstream. His frustration echoes that of other residents who have taken to social media to express anger over the repeated incidents.Video posted in a new Protect Basin Run Facebook group shows foamy water flowing through the creek, with comments from residents asking when the dumping of cow manure will stop. The online reaction reflects a growing sense of urgency among community members who feel that years of pollution have gone unchecked.
The farm’s response and disputed claims
Neither the owner of the dairy operation, Pennsylvania farmer Ben Flahart, nor his attorney responded to phone calls or text messages about the latest fish kill, The Banner reported. Attorney Anthony Gorski has argued that many issues on the Kilby Farms property date back decades but have attracted scrutiny only since Flahart took over in 2017. He has also said he has not seen proof that the incidents in Basin Run were caused by Kilby Farms, the report further suggested.Gorski has taken issue with the state’s testing methods, saying regulators failed to account for pollution that flows through the farm and into Basin Run from a different tributary. He said his own testing shows high bacteria levels upstream from Kilby, suggesting that not all of the contamination can be attributed to the dairy. Flahart has told reporters he believes he has been targeted by a liberal environmental department under Democratic Governor Wes Moore.The farmer paid a $50,000 penalty under the 2025 settlement with MDE and said he has spent millions more on improved operations and environmental compliance. He recently removed a drainage pond that had been blamed for much of the pollution. Despite those efforts, state officials say violations have continued, leading to the current contempt request.
What happens next
The October 13 hearing will focus on whether Kilby Farms should be held in civil contempt for alleged continued violations of the 2025 settlement and the preliminary injunction. If the judge finds the dairy in contempt, additional penalties or restrictions could follow. The outcome will shape how aggressively the state can enforce its orders and what further measures might be required to protect Basin Run.In the meantime, the fish kill has renewed calls for stronger oversight of large-animal operations and better protection for streams that feed into the Chesapeake Bay. For neighbours like Thomas and McCracken, the issue is personal. They have watched the creek they love suffer repeated blows and now hope that legal action will finally lead to lasting change.The Maryland Department of the Environment says it is taking the issue very seriously and will continue to pursue enforcement. How the case unfolds could set a precedent for how the state handles pollution from agricultural operations in sensitive watersheds. For Basin Run, the stakes are high, as the creek’s future depends on whether the discharges can be stopped and the ecosystem allowed to recover.
