The trial in federal court in Tulsa, Oklahoma between the state of Oklahoma and eleven poultry companies has barely gotten under way, yet there has been plenty of action. Most recently, U.S. District Court Judge Greg Frizzell reversed an earlier decision he had made regarding the admission of reports conducted by the government that allegedly describe “problems associated with chicken waste” in the Illinois River watershed, according to the Associated Press.Earlier in the day (September 30, 2009) the judge ruled in favor of the poultry companies and decided to exclude “some of the reports indicating the industry was largely response for pollution in the watershed on the Oklahoma-Arkansas border.” Then came the midday break, after which Oklahoma Attorney General Drew Edmondson informed Judge Frizzell that the poultry companies had not objected to the admission of the reports before the trial started.
“Edmondson told Frizzell the studies—conducted by state and federal agencies since the early 1990s—identified poultry litter as a major source of phosphorus pollution in the 1-million-acre watershed,” reports the AP. Oklahoma alleges that poultry farms located in the watershed are the source of the litter. Poultry farmers in the region apply the chicken litter to their fields in which they grow additional crops. It is the state’s contention that runoff from these fields is the source of the pollution.
For their part, attorneys for the defendants (eleven different poultry companies with operations in the region) argued the reports are mere political documents being used for “developing a legal strategy” rather than proving anything or providing any scientific information. Tyson Foods Inc. attorney Mark Hopson called the reports “. . . self-serving hearsay[.]”
Though Oklahoma has lost the ability to recover monetary damages in the case, Edmondson has continued with the lawsuit. Other states are closely watching this case as future lawsuits may be brought depending on the outcome.
Edmondson started the case by questioning former environmental secretary for Oklahoma, Miles Tolbert. Tolbert helped with the lawsuit’s filing, and through the questioning of Tolbert and the use of historical documents and public records, “Edmondson attempted to build a timeline tracing the decades-long deterioration of the watershed.”
By polluting the Illinois River watershed, Edmondson is claiming the companies violated several state and federal statutes.
Meanwhile, in other news regarding the lawsuit, which started in 2005, Justin Juozaravicius reports for the AP in Forbes online that the state’s attorneys “are already asking [Judge Frizzell] to reprimand the companies for violating court rules and making other distortions during opening arguments last week.”
Oklahoma filed a complaint in court on Monday that alleges attorneys for the industry made statements during their opening remarks that suggested Edmondson was bringing this trial more for his own private interest than out of any need of the public. The complaint also accuses the companies of violating “a pretrial order forbidding them from mentioning the result of a 2008 preliminary hearing—which found that Oklahoma lacked evidence to immediately stop the companies from spreading bird waste in the Illinois River watershed while the case went to trial.” Naturally, the companies maintain they have complied with all court orders.
To read the AP report on Judge Frizell’s reversal click here.
To read the story in Forbes online click here.
Posted: 10/01/09
