Earlier this week, Judge Gregory Frizzell denied the December 2024 argument from the poultry lawyers on that data used for the pollution claim in the 2010 trial was no longer valid, and ordered the two sides to either come to a settlement agreement or wait until his final ruling.
On Thursday, The following Statement from Marvin Childers, President of The Poultry Federation was provided the Oklahoma Farm Report:
“We are disappointed in the court’s ruling. The Poultry Federation remains deeply concerned that this case is being used by activists and trial lawyers to try to end farming and ranching in the Illinois River Watershed, and potentially far beyond, for decades to come. This two decade long legal effort unfairly threatens the livelihoods of farmers, ranchers, and landowners who acted in good faith and in full compliance with state regulations.”
At the end of 2024, Judge Frizzell rejected a request from poultry industry defendants to postpone it the case. Two years before that, 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.
The Oklahoma Farm Report had earlier reported on the case that the state of Oklahoma made that Judge Frizzell has apparently agreed with. “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.”
After the ruling from Judge Frizzell this week, Attorney General Gentner Drummond’s office posted a news release reacting to the Judge’s desire to come to a conclusion in this case- and you can read it here.
