OKLAHOMA CITY — The latest development in what has been an on-going, 20-year-old case, a federal judge with the U.S. District Court for the Northern District of Oklahoma recently issued a judgement that would hold several poultry companies, many based in Arkansas, responsible for phosphorus pollution cleanup in Oklahoma.
In what has been known as the “State of Oklahoma vs. Tyson Foods et al,” the initial suit alleges 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. Defendants in this case include Tyson Foods, Cobb-Vantress, Cal-Maine Foods, Cargill, George’s, Peterson Farms and Simmons Foods.
“This judgement has significant ramifications for the industry,” Oklahoma Attorney General Gentner Drummond said in a statement regarding this recent decision. “These consequences underscore why we have focused on the importance of negotiations with the poultry companies before getting to this point.”
“A robust poultry industry and clean water can and must coexist,” Drummond added. “I remain committed to working with the poultry companies toward a resolution. I can help facilitate negotiations that achieve cleanup of the watershed while supporting Oklahoma farmers. Let’s find a path forward together. I fervently believe there are solutions that will clean up our water while ensuring a strong and enduring poultry business in Oklahoma.”
Among the aspects of the judgement, according to Drummond’s announcement, include: remediation under the oversight of a court-appointed “special master” that will be entitled to judicial immunity; the defendants pay jointly for remediation costs; the special master is to serve for at least 30 years; and the defendants to pay into an evergreen fund for the 30 years with a starting balance of $10 million.
Also, the judgement notes that, effectively immediately, “an injunction is in place setting a restriction of 120 pounds per acre STP (soil test phosphorus) to provide for land application of poultry waste in the IRW. The application rate is limited to two tons or less of poultry waste per acre. The defendants will hold the contract growers harmless for the costs of handling the poultry waste and for any loss of income that may be attendant to the defendant taking over the responsibility for safe disposal of the poultry waste.”
The poultry companies cited can appeal this decision.
Effect on farmers
Oklahoma Gov. Kevin Stitt has been vocal on the issue and recently met with a group of more than 300 poultry producers and community members to discuss how this issue will affect the area’s poultry businesses.
“It’s important that we hear your side of the story, and I want you to know I’m standing with you, our chicken producers, over the big trial attorneys, because this is all about money,” Stitt said. “You have followed your permits, you’re protecting the environment, and if anyone breaks the rules, we’ll enforce them — but we’re not going to go back 20 years and punish an entire industry that has done things right.”
Stitt has urged AG Drummond to find a resolution that both protects the state’s environment and its farmers.
“This isn’t an either-or issue,” Stitt added. “We can protect our water and protect our family farms at the same time.”
Stitt, in his criticism of the case, has urged Drummond to request a stay to ease the burdens this will place on the region’s poultry producers through what will be decades of strict limits and cleanup.
“These family farmers did everything the right way. They got the permit, followed the rules, and they’re still getting sued,” Stitt said. “If you can do exactly what the state requires and still end up in court, what are you supposed to do? This isn’t about chicken litter or clean water anymore — that’s what the Legislature is for. Laws should be made in the open, not forced on families through lawsuits.”
The governor’s statement adds that this decision impacts property rights, as well as fundamentally changes how poultry litter is managed.
“This judgement reflects Attorney General Drummond’s own design. The court adopted his proposal for a Special Master — an unaccountable, court-run shadow regulatory agency — and embraced a unworkable plan that effectively bans its use for generations to come,” Stitt added. “Attorney General Drummond had three years to show up, engage, and negotiate a responsible settlement. Instead, this judgement delivers a direct punishment to producers by stripping them of ownership of their litter as a lawful source of revenue.”
During Stitt’s recent meeting with local producers, Megan Langley, a poultry farmer, reiterated the cost to farmers. She said, “When these companies get tired of fighting with the State of Oklahoma and decide it’s not worth it anymore, you’re not destroying a large corporation — you’re destroying a family like mine.”
