The ongoing poultry waste trial brought by the state of Oklahoma against twelve poultry companies with operations in the Illinois River watershed may be delayed a bit. This is due to a recent motion filed in federal court in Tulsa on Wednesday by the Cherokee Nation. The Cherokee Nation is seeking to intervene in the lawsuit.As Curtis Killman reports for the Tulsa World, the motion argues the case cannot be ‘“fully concluded’ unless the tribe is made a party to the 4-year-old lawsuit.” Previously, Federal Judge Frizzell ruled that Oklahoma would not be able to recover the damages sought in the suit because the state failed to the name the Cherokee Nation, whose land is in the watershed, as a party to the lawsuit. In the judge’s opinion, the Cherokee Nation is an indispensible party. The Cherokee Nation seems to be reiterating that point by filing this motion.
Attorney General Drew Edmondson is suing the twelve poultry companies, which employ tens of thousands of workers from Arkansas and Oklahoma, for allegedly spreading poultry waste on their land as a fertilizer, which eventually ran-off the farms where the waste was applied and polluted portions of the Illinois River watershed in Oklahoma. Killman writes that Cherokee Nation Attorney General Diane Hammons said in a statement that, ‘“While the Cherokee Nation never wished to have its water rights litigated in this water quality case, those rights have become so enmeshed in the case that the Nation feels it has no option but to intervene[.]”’
Attorneys for the tribe and state both feel this latest development will inevitably delay the trial, which is scheduled to start on September 21, 2009. However, the state apparently welcomes this latest development. Killman writes, ‘“Both the state and the (Cherokee) nation have an interest in protecting the watershed,’ said Charlie Price, a spokesman for Attorney General Drew Edmondson. ‘We look forward to working with the nation to stop the pollution.’”
Judge Frizzell told the parties to the lawsuit that he will hear arguments on the motion on September 15, 2009. According to state attorney Louis Bullock, a denial of the request would be immediately appealable by the Cherokee Nation. Attorneys for the poultry companies have indicated they are not willing to postpone the start of the trial to resolve this latest issue.
To read the Killman article click here.
Posted: 09/04/09
