The Poultry Federation released the following statement by its President, Marvin Childers, regarding the poultry industry’s motion for stay in the Illinois River Watershed case:
“The Poultry Federation supports efforts to grant a stay in this case, and we believe the poultry companies and family farmers imperiled by Oklahoma Attorney General Drummond’s lawsuit will eventually be vindicated on appeal. The pressing question is how many family farmers, who have fully complied with state law, will be driven out of business before this flawed decision is corrected.”
Poultry companies named in the lawsuit filed a motion for stay with the U.S. District Court for the Northern District of Oklahoma, along with a notice of appeal to the U.S. Court of Appeals for the Tenth Circuit, following Judge Gregory Frizzell’s December 19 ruling in this long-running case.
The Poultry Federation agrees with the industry’s warning that, “if a stay is not granted, both Defendants and many communities in and around the Illinois River Watershed will suffer immediate and irreparable harms.” Those harms would be felt far beyond the courtroom.
As outlined in the filing, “Farmers and ranchers who rely on poultry litter as an organic fertilizer will be forced to find alternatives that are limited, costly, and likely to consist largely of manufactured chemical fertilizers containing phosphorus. Growers who rely on selling poultry litter will lose a critical source of income. Poultry companies who have partnered with small businesses for decades may be forced to relocate their operations, leaving barns empty.”
The court’s decision would also place oversight in the hands of a court-appointed special master who will have sweeping authority, an unlimited budget and a 30-year term – replacing Oklahoma’s accountable agricultural and environmental regulators.
As the industry notes, there is no immediate emergency that would justify this level of disruption during the appeal. The court has previously determined that poultry litter use in the watershed poses no risk to human health, and the case has been under consideration for more than 20 years.
The poultry companies’ motion for stay is now pending before the court. The Judge has set January 12, 2026, as the deadline for Attorney General Drummond to respond.
