Only six weeks into the job, Oklahoma’s new Secretary of Energy and Environment Jeff Starling discovered that he has extra duties not in the job description- being the Environment Secretary makes him a named plaintiff in the twenty year old lawsuit that then Attorney General Drew Edmonson filed in federal court against major poultry companies over phosphorus load along the Illinois River in northeast Oklahoma and northwest Arkansas.
Starling says that as he has reviewed the case, he believes that there have been significant improvements in water quality here in 2025 versus twenty years ago, according to reports he has read. He adds that the best interests of Oklahoma would be to get this court case behind us. “For me, as I look at this lawsuit- it’s a matter of fundamental unfairness to have a lawsuit hanging over companies for twenty years…it’s just not good business to have lawsuits hanging over businesses for that long.”
Starling adds that a major impediment to getting this case resolved are the out of state lawyers that have been hired by the Attorney General’s office (their hiring predates AG Drummond) and are still there.
The out of state attorneys are using legal theories that are being used nationally against oil and gas companies on the basis of climate change.
As a result- Starling says they need to be fired. “My request to Gentner Drummond is to fire these out of state lawyers. I don’t think they have any business in Oklahoma and I don’t think they have Oklahoma’s best interests at heart- they stand to make tens of millions of dollars in fees on this.”
Starling adds “this is a law firm that does not need to be involved in this litigation and I would ask Gentner Drummond to fire them just as he has fired similar law firms with contingency arrangements in other litigation.”
U.S. District Judge Gregory Frizzell rejected a request in the final days of 2024 from poultry industry defendants to postpone it. Two years ago, Frizzell ruled in favor of the state of Oklahoma in a long-running federal lawsuit that alleged poultry industry practices were polluting the Illinois River watershed in eastern Oklahoma and northwest Arkansas. Judge Frizzell is searching for a final solution to put that ruling to bed.
Lots of numbers have been discussed- Greg Scott with the Oklahoma Conservation Commission claims that “To help reverse the phosphorus pollution in the waters of the (Illinois River Watershed), we have to stop making the problem worse. That means we need to stop the land application of poultry waste.” Scott offered testimony presented by the state of Oklahoma to Judge Frizzell. “Nothing else will begin to clean up the problem until the land application of poultry waste stops.” Scott contends application of chicken liter needs to be halted until much lower levels of phosphorus are seen along the banks of the Illinois River. Click here for his testimony before Judge Frizzell.
The total phosphorus load authorized by the Oklahoma Department of Ag (in concert with USDA NRCS) has been 300 pounds. However, in a letter submitted to the Federal court this last year- Oklahoma Ag Secretary Blayne Arthur says NRCS has revised downward to a maximum load of 200. She adds that the State Legislature passed a law in 2022 mandating that the earlier max of 300 should be the proper number to use. Scott contends anything above 65 pounds in the soil is too much.
While Oklahoma AG Gentner Drummond is representing Oklahoma in this litigation that many in his political party would prefer it to simply ‘go away,’ Governor Stitt has actively pushed for dismissal of the case. It’s unknown when Judge Frizzell will make a final decision.
You can listen to the complete conversation with Ron Hays and Jeff Starling by clicking here
