On Tuesday, August 18, 2009, U.S. District Judge Gregory Frizell rejected the state of Oklahoma’s request to reconsider his previous ruling that the state could not receive the more than $600 million in damages the state had sought in its lawsuit against 12 poultry companies with operations in the Illinois River watershed.Previously, Judge Frizell ruled the state could not pursue damages against the companies for failure to name the Cherokee Nation (an indispensible party to the lawsuit) as a plaintiff in the case. Since the Cherokee Nation has a claim to water rights in the watershed, it should have been a party in the lawsuit.
Frizell also denied the state’s request for an injunction to prevent the land application of poultry waste in the watershed. Robert Nance, attorney for the state, told Judge Frizell the state wanted a ‘“complete cessation . . . or very severe” limits placed on the land application of the litter.
The trial in the state of Oklahoma’s case against the twelve poultry companies is set for September 21, 2009.
To read previous US Agriculture and Food Law and Policy Blog posts on this case click here.
To read Curtis Killman’s story on the case in the Tulsa World click here.
Posted: 08/21/09
