Oklahoma cannot define poultry litter as “solid waste” in its pollution lawsuit against Arkansas poultry companies, according to a Dec. 15 ruling by a federal judge.

U.S. District Judge Greg Frizzell dismissed Oklahoma’s claim that the litter falls under the federal Resource Conservation and Recovery Act of 1976’s solid waste regulations.

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Oklahoma’s attorney general, Drew Edmondson, told the Associated Press he would appeal the ruling. His state is seeking compensation for alleged pollution of the Illinois River watershed with poultry manure.