The pre-trial process has come to an end in the poultry waste lawsuit brought by the state of Oklahoma against twelve poultry companies with farms located within the Illinois River watershed. Now, the trial is finally underway.In opening the trial, Oklahoma Attorney General Drew Edmondson described a situation where poultry farmers take the litter, or waste, from the poultry farms and apply them to nearby fields for use as a fertilizer. After the litter is applied, Edmondson argues runoff water causes the waste to pollute the Illinois River watershed at levels that are detrimental to the health of those living in the watershed and those who recreate in the watershed. As Curtis Killman writes for the Tulsa World, Edmondson will present evidence “that will show how excessive use of poultry ‘liter’ . . . has contributed to the degradation of its lakes and streams.” The nonjury trial is expected to have between 40 to 50 days of testimony.
To add a little drama and visual aids to his presentation, Edmondson displayed jars of “brownish-colored water,” that is supposedly from runoff from land where the litter was applied. Edmondson also accused the poultry industry of practicing “factory farming,” and that the litter application process leads excessive amounts of pathogens and bacteria in the watershed that the state says can be traced back to the poultry litter.
Naturally, attorneys representing the poultry companies painted a different picture of what is going on. According to Robert George, an attorney for Tyson Foods said, ‘“Poultry farms are not factories; they are farms,” and the growers care about their environment and despite applying the litter as a fertilizer on their land they have not gotten sick from drinking their own well water.
Attorneys for the other companies echoed George’s comments and maintain that they are responsible in the application of the litter and there is “no evidence tying any pollution to their operations.” Or, as Woody Bassett stated, ‘“We are responsible people running a responsible company acting in a responsible way [.]”’ Meanwhile, Simmons Foods Inc. attorney John Elrod countered Edmondson’s jars of brown water with a video demonstration of his own showing water pulled from the Illinois River watershed is really clear.
The first day of the trial was pretty basic. Opening statements from both sides were given that described each side's theme of the case. The state is seeking to restrict the use of litter in the watershed. There are eleven company defendants still in the suit. The number was originally 14 companies.
At issue is whether or not there was a violation of the federal Solid Waste Disposal Act, a violation of state public nuisance law, a violation of federal public nuisance law, violation of trespass laws, and a violation of two state laws governing pollution of waterways.
Here is the Tulsa World assessment of what the sides are arguing. First, Edmondson argues that, “The Illinois River, once a pristine waterway, has become ‘unsightly’ due to runoff containing poultry litter that was applied to fields to grow hay. The companies at the center of the lawsuit have been aware for years of the problems that can occur from the overuse of poultry waste as a fertilizer.
Meanwhile, the defendant companies argue that, “there is no evidence that any poultry applied to the land has caused or could cause pollution in the Illinois River watershed. In fact, many of the causes of bacterial and pathogenic water contamination are likely caused by cattle manure. Area nurseries and municipal wastewater treatment plants within the watershed are also large contributors to degradation of the watershed.”
To read Killman’s article in the Tulsa World News click here.
To read Killman’s article in the Tulsa World News click here.
posted: 09/25/09
