Residents react to legal win on biorefinery case

Salisbury, Md. – Birdsong can be heard at the home of the Tallent family on a sunny, mild day. But when the breeze shifts, the air still smells unpleasantly like chicken litter. Right next door, is the biofinery owned and operated by International BioRefineries (iNBIO). 

“In the summertime, we can’t come out in the yard,” 67-year-old Julia Tallent said. “We go through like two flight bags a week and the flies are so bad you can’t come outside. The smell, the buzzards. I mean, it’s just it’s it’s filthy.”

The biorefinery on Hickory Mill and Adkins Road has been at the forefront of a legal battle for almost two years. According to Wicomico County Natural Resources Conservation Advisory Committee meeting minutes, in November of 2024, Wicomico County granted the owner, Raj Kathuria of iNBIO, a permit for a farm storage pole barn in the building permit application. However, residents quickly noticed that it was, in fact, a biorefinery that had been built instead. 

“We were blindsided by the whole thing because we were never warned what was going on here, you know,” Greg Tallent said. 

The state of Maryland had granted iNBIO a permit to have their operation, but residents allege the county granted a permit under false circumstances. According to local resident and advocate Jo Diggs, in December of 2024 the county issued a stop work order after findings alleged the building was for an industrial purpose and not suited for the A1 agricultural zoning area. She said Kathuria then appealed the order. In March of 2025, a public hearing was held by the Wicomico Planning, Zoning and Community Development Commission. In April, the commission voted unanimously that to uphold the stop work order. Kathuria then appealed the decision to the county circuit court. On Jan. 23, 2026, a circuit court hearing was held.

“It’s just been stressful ever since, you know, waiting to hear the results,” Greg said.

On March 2, Associate Judge for Wicomico County Circuit Court Matthew Maciarello released an opinion siding with the Wicomico County Council that the biorefinery needed an industrial permit. As of that time, the bioreifnery has been shut down. However, iNBIO can still appeal the decision.

Despite the victory, the litigation has not been without its costs for residents. Rhonda Tomko, a Wicomico County resident who lives nearby, said neighbors made a GiveSendGo to pull together resources and pay the “thousands of dollars” towards an attorney. However, she said it also enabled the community to connect and pool strengths to get the word out.

Tomko also said it is wasn’t that the community is against updating zoning codes or welcoming new technologies but rather working with the community to build something that benefits everyone.

“I feel strongly that if they would have come into this community and explained the ideas that they had, in the event that they feel it’s not dangerous, that it was good product, that if they would have worked at communicating, that he may have had a very different outcome,” she said.

Rachel Casteel works with Sentinels of Eastern Shore Health (SESH) and said, as a resident, it was heartening to see the community “come together full force.”

“Everyone should have a right to know what’s going on in their backyard and in their community,” she said. “I think something that I really want everyone to sort of take away is that when we do work together like this, we can affect positive change. and we do have the power, we do have strength in our voice.”

Diggs said though it never went into operation, she alleges the site has chickens and has been stockpiling chicken litter for the “last few years in plans to use the biorefinery.”

Tomko said the safety of the residents and the conservation of precious national resources like uncontaminated water were a huge concern for the residents.

“I think it would benefit the greater community to know that you can’t just come into farm land and take advantage of the supply, the property, the maybe outdated codes and put in things that don’t belong here next, 200 ft from a neighbor’s wellhead,” she said. “This is the paleo water channel, which is a pristine water source for a really large portion of the Eastern Shore. It should be treated as such.”

Though a judge has ruled in favor of the community and the county, iNBIO can still appeal it. But for the Tallents, they hope the battle stops here.

“I just want to live out my days here in peace and quiet, and I want this to be gone,” Julia said. Julia said she has sclerosis, anxiety and is in poor health. She said if they ever did want to consider selling the property, the building next to them “has depreciated our property.”  “I just want to be left alone,” she said.

However, if the fight should continue, Tomko said they are ready.

“Oh, we’re dug in,” she said. “I mean, there’s nothing for us to do at this point other than continue to be good neighbors.”

Wicomico County Director of Planning, Zoning and Community Development Tracey Taylor said she could not offer due to ongoing litigation. Kathuria and iNBIO did not respond to WMDT’s request for comment.