Judge rules against poultry sector in Oklahoma water case

A federal judge on January 18 ruled against a group of 13 poultry companies and their subsidiaries accused of contributing to high phosphorous levels in water supplies in the eastern part of Oklahoma.

Roy Graber Headshot
Bennian, Bigstock
Bennian, Bigstock

A federal judge on January 18 ruled against a group of 13 poultry companies and their subsidiaries accused of contributing to high phosphorous levels in water supplies in the eastern part of Oklahoma.

Oklahoma Northern District Federal Judge Gregory Frizzell ruled in favor of the State of Oklahoma, to settle a lawsuit that was filed 18 years ago. In 2008, Drew Edmondson, who was the state’s attorney general at the time, filed the lawsuit, asserting that the poultry companies had caused damage to waters in the state, particularly the Illinois River Watershed and Lake Tenkiller.

In his ruling, Frizzell ordered thee parties to meet and work out an agreement by March 17. If an agreement is not reached at that point, Frizzell will make a judgment related to remedies.

Reactions to the ruling

Gentner Dummond, Oklahoma’s present attorney general, applauded the judge’s decision, but not without giving credit to the poultry industry for its ongoing efforts to improve the water quality situation.

“This is a great and historic day for Oklahoma,” Drummond said. “While this decision has been a long time coming, it is important to note that in the intervening years since the filing of the suit, the poultry industry has made, or is willing to make strong improvements in waste disposal to ameliorate the extent of the problem. Oklahoma has amazing natural resources that deserve our vigilant protection. We will thoroughly review the judge’s decision and determine the appropriate path forward.”

Reacting to the judgement, Oklahoma Farm Bureau expressed disappointment and reiterated points made by Drummond about the industry’s efforts to work for better water quality.

“For decades, Oklahoma poultry farmers have been regulated by the Oklahoma Department of Agriculture, Food and Forestry, which requires nutrient management plans and limits on poultry litter application,” the organization stated. “Additionally, in the almost 20 years since this lawsuit was filed, our members have worked with agencies like the Oklahoma Conservation Commission to improve water quality in the Illinois River Watershed using conservation practices like streambank restoration and filter strips. These farmer-led, proactive efforts have contributed to consistent improvement in water quality in the watershed.

“Oklahoma’s family farmers have a vested interest in protecting the very environment where they and their families live, and they have implemented extensive steps including water testing and moving poultry litter out of the watershed to ensure that our state’s natural resources are protected. As proud caretakers of the land, our members are willing to meet and exceed environmental standards as they raise the protein that our state and our world rely upon.”

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