In today’s Beef Buzz, senior farm and ranch broadcaster Ron Hays speaks with Mary Thomas Hart, Chief Counsel for the National Cattlemen’s Beef Association, about why NCBA is filing an Amicus Brief in the long-running Oklahoma poultry litigation case. Hart said the organization is working alongside the American Farm Bureau Federation, National Pork Producers Council, and state affiliates, including the Oklahoma Cattlemen’s Association, to ensure the court understands the broader implications the case could have for livestock producers across multiple states.
NCBA Ready to Enter the Appeal
Although the lawsuit has been in the courts for more than two decades, Hart said NCBA has closely monitored the case from the beginning. “It’s an issue. It’s a case that we’ve been monitoring for as long as it’s been on the docket,” Hart said. “While it wasn’t something we were actively discussing, we were certainly actively monitoring it.”
When the district court issued what Hart described as an unfavorable ruling earlier this year, NCBA moved quickly to become directly involved. “When that decision dropped, when that very unfavorable decision dropped a few months ago, we were able to spring into action,” she said. “We were able to get approval to engage directly in the appeal in the litigation, and so we’re prepared with American Farm Bureau and National Pork Producers and our state affiliates, including Oklahoma Cattlemen, to submit an amicus brief to the court on July 20 in support of those producers’ position.”
A Case That Refused to Go Away
Hart said many within agricultural law assumed the case would never reach a final decision because it had remained pending for so many years. “I think we had a lot of cases that are briefed, are argued, but this was one that seems to have gotten lost,” Hart said. “It’s a good reminder that no matter how long a case sits on someone’s desk, it is still active until that judge decides to drop a decision.”
She noted that several cases in recent years have remained dormant for years before suddenly receiving rulings. “We’ve had a number of cases in the last few years that have sat for five, 10, 15, 20 years, and then all of a sudden you get a decision.”
Why the Decision Matters Beyond Oklahoma
Hart said NCBA’s concern extends far beyond the immediate parties involved in the lawsuit. While there are practical concerns regarding fertilizer availability and costs within the Illinois River watershed, she believes the legal precedent could have nationwide consequences. “First of all, we were concerned with the practical impact on producers in that watershed, the availability of organic fertilizer for use, the cost of fertilizer, the increased reliance on commercial fertilizer,” Hart explained.
She added that an appellate ruling could affect producers throughout the Tenth Circuit. “If the 10th Circuit upholds this decision, then it’s not just an Oklahoma precedent anymore,” Hart said. “It’s 10th Circuit precedent. You’re talking about Kansas, Colorado, New Mexico, and you’re also talking about the other states in that watershed.”
Hart warned that such precedent could undermine confidence in nutrient management plans designed to help producers comply with environmental regulations. “Our goal is to make sure that those tools are valuable, not that they put a target on your back,” she said.
Protecting Producers Who Follow the Rules
Hart said one of NCBA’s greatest concerns is ensuring producers who comply with regulatory requirements are protected from future liability. “We want to make sure that if you’re told by a regulatory agency, whether it’s your State Department of Agriculture, State Department of Environment, or federal regulatory departments, if you work with those regulatory partners to come into compliance with some standard, whatever that standard may be, that you’re protected from liability.”
She said producers should be able to trust that following approved nutrient management plans will not later become grounds for legal action.
Preparing for the Next Step
Although settlement discussions continue, Hart said NCBA believes it is important to prepare as though the litigation will continue. “I think it’s important to act as if that settlement will not be granted,” Hart said. “You want to be prepared for whatever the next step of litigation is.”
She concluded, “I think it is prudent of us to continue our preparations, make sure that we’re ready to file our brief, and we will be next week.” The amicus brief on behalf of the National Cattlemen’s Beef Association, American Farm Bureau Federation, National Pork Producers Council and supporting state organizations is scheduled to be filed on Monday, July 20.
The Beef Buzz is a regular feature heard on radio stations around the region on the Radio Oklahoma Ag Network and is a regular audio feature found on this website as well. Click on the LISTEN BAR above for today’s show and check out our archives for older Beef Buzz shows covering the gamut of the beef cattle industry today.
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