In a landmark ruling issued Friday, December 19, 2025, U.S. District Judge Gregory Frizzell entered a judgment against several major poultry integrators, finding them liable for pollution in the Illinois River Watershed (IRW) and ordering a comprehensive, decades-long remediation plan.
The judgment brings a pivotal conclusion to State of Oklahoma v. Tyson Foods, Inc. et al., a lawsuit originally filed in 2005. The court found in favor of the State of Oklahoma, ruling that the defendants—including Tyson Foods, Cargill, George’s, Simmons Foods, and others—are liable for public nuisance and trespass.
Judge Frizzell’s ruling establishes that phosphorus runoff from land-applied poultry waste has caused significant injury to the IRW, including the eutrophication of Lake Tenkiller. The court determined that poultry waste is the “principal contributor” of elevated phosphorus levels in the watershed’s rivers and streams.
Mandatory Remediation and Funding
To address the damage, the court has ordered a mandatory remediation program overseen by a court-appointed “Special Master”. The cleanup effort is expected to last at least 30 years, acknowledging that removing “legacy phosphorus” from the soil is a long-term process.
The financial burden for this cleanup falls on the defendants. Key financial provisions include:
• Initial Funding: The defendants must pay $10 million into an evergreen fund within five business days of the Master’s appointment to cover initial salaries and remediation costs.
• Replenishment: If the fund balance drops below $5 million, the defendants are required to replenish it with another $5 million within ten business days.
• Liability: The payment obligations for remediation costs are joint and several among the defendants.
New Strict Limits on Land Application
A central component of the judgment is a strict new standard for the land application of poultry litter within the watershed. The court issued an injunction prohibiting the application of poultry waste on any land with a Soil Test Phosphorus (STP) level of 120 lbs./acre or greater.
This standard strikes a balance; while the State sought stricter limits, the court found the 120 lbs./acre standard sufficient to protect the environment while preventing localized soil deficiencies. Additionally, the application rate is capped at two tons of poultry waste per acre, provided the application does not push the STP beyond the 120 limit.
To enforce these rules, the Special Master will establish a “Watershed Monitoring Team” (WMT) responsible for inspecting farms, testing soil and waste, and ensuring compliance.
Civil Penalties Assessed
While the remediation costs will likely run into the millions over the coming decades, the court also assessed specific civil penalties for past violations of the Oklahoma Environmental Quality Code. The State had sought penalties potentially reaching into the millions based on a “per day” violation calculation. However, Judge Frizzell applied a “top-down” approach and significantly mitigated the fines, citing the defendants’ efforts to comply with NRCS Code 590 standards that were in place prior to July 2006.
The total civil penalties assessed amount to $420,000, distributed as follows:
• Tyson Foods, Inc.: $160,000.
• Simmons Foods: $90,000.
• Cal-Maine Foods: $70,000.
• Cargill, Inc.: $60,000.
• Cobb-Vantress: $30,000.
• George’s, Inc.: $10,000.
These penalties must be paid into the Oklahoma Department of Environmental Quality Revolving Fund.
Ongoing Oversight
The court rejected arguments from the defendants that conditions in the watershed had improved enough to moot the case. Following a six-day evidentiary hearing, Judge Frizzell ruled that conditions have not materially changed since the original trial and that the IRW continues to be impaired by phosphorus.
The court will retain jurisdiction over the case to enforce the judgment for the duration of the remediation efforts.
