OKLAHOMA CITY — In an on-going 20-year-old case that still does not have a final resolution, several poultry companies have filed a joint brief in what is known as the “State of Oklahoma vs. Tyson Foods et al.”
The initial suit alleges the improper disposal of poultry litter and its environmental damage to watersheds, primarily the Illinois River Watershed and Lake Tenkiller. The Illinois River spans 145 miles through Arkansas and Oklahoma.
This case involves Tyson Foods, Simmons Foods, Cargill, Cal-Maine, and others. Oklahoma Attorney General Gentner Drummond’s recent proposal would amount to an approximately $100 million payment from the companies’ poultry litter pollution to the watershed.
The Poultry Federation, which represents the poultry industry in Arkansas, Oklahoma and Missouri, has issued a statement on what this case means to the region’s poultry companies, environment, and agriculture.
“The Poultry Federation stands firmly with Oklahoma’s farmers and ranchers as the poultry industry seeks the court’s review of its brief and entry of its proposed judgement,” Marvin Childers, The Poultry Federation president, said. “The Attorney General’s proposal threatens to shut down a farming practice that has safely fed American families for generations. It targets the use of poultry litter, a safe and natural fertilizer, despite decades of expert evidence and state-approved best management practices. Oklahoma’s farmers and private landowners, from grain and cattle producers to fruit growers, have consistently adhered to regulatory guidelines.”
It’s reported that Drummond’s request would seek to ban the use of poultry litter on any field that has more than 65 STP (soil test phosphorus) that are in “nutrient-sensitive” watersheds, regardless of the type of farm operation.
“While the vast majority of fields have no measurable impact on water quality, the state universities and leaders have recognized poultry litter as a critical resource for maintaining productive agriculture,” Childers added. “Oklahoma’s agencies report improving water quality within the Illinois River Watershed. Even Oklahoma’s state legislature recognized the safety of poultry litter by approving its use at levels far higher than what the Attorney General now claims is dangerous.”
The group adds that this proposal is a an “unchecked power grab” that reverses many years of agricultural stewardship.
Childers also noted that, “Oklahoma families shouldn’t have to choose between protecting our environment and protecting our rural economy — especially when the science shows we can do both.”

