Oklahoma State Representative David Hardin joined Ron Hays at the 2026 Farm Bureau leadership conference to discuss the ongoing poultry litter litigation, saying the case has reached a point where “some serious decisions have to be made.” Hardin said while he hopes the judge accepts proposed settlements, he is uncertain that will happen given earlier court actions. “When I look at what the judge did and dropped the $100 million that was supposed to be in damages down to $350,000, I’m not really sure that the judge is going to go for a $19 million settlement with Tyson,” he said, also referencing proposed settlements with Cargill and George’s.
Hardin questioned why settlement talks have not included all poultry integrators involved in the case. “I’m just kind of curious right now as to why the Attorney General hasn’t reached out to Simmons, the other integrators that are in this,” he said, adding, “If I was going to reach out to everybody and try to get a settlement, I would reach out to everybody, not just two or three of them.” While he said he hopes the judge agrees to the settlements, Hardin admitted, “I’m just not confident right now that’s going to happen.”
The conversation also turned to the role of the special master appointed in the case, which Hardin sharply criticized. “The Special Master, in my opinion, is nothing more than a disaster,” he said. Hardin emphasized that the Oklahoma Department of Agriculture and the Legislature already regulate poultry production strictly. “We have some of the strictest laws in the country,” he said, adding, “It is easier to be a marijuana grower than it is to be a poultry guy,” because of the extensive regulations poultry producers must follow.
Hardin stressed that the litigation is occurring outside the state’s normal regulatory process. “This is a federal judge making his decisions on this,” he said, noting that Oklahoma and Arkansas filed an amicus brief opposing the approach and asking for a stay. “The legislature has absolutely nothing to do with this,” Hardin said, underscoring that the case is being driven by the federal court system rather than state lawmakers.
A key focus of Hardin’s concerns is phosphorus levels and how responsibility is assigned. “Phosphorus won’t kill you,” he said, explaining that while it can cause algae blooms and harm fish, it is not a direct human health threat. Hardin questioned why poultry is being blamed when wastewater treatment plants discharge significant phosphorus into the Illinois River. “How do you expect the Illinois River to stay at an 0.037 parts per million when the wastewater treatment plants are dumping in two to three times that?” he asked. Closing the conversation, Hardin offered a message to poultry producers facing uncertainty: “I pray for them every day… just keep the faith. Pray to God, and God will get us through this.”
