Poultry Case Update: Memo Warned of Dropping’s Overuse

The poultry case between the state of Oklahoma and eleven poultry companies with operations in the Illinois River watershed kept moving along yesterday, and according to reporting from Associated Press writer Justin Juozapavicious, the big news that came out of yesterday’s testimony was that a former executive for an Arkansas poultry company testified that “he wrote a memo in 2005 warning of the environmental damages of spreading too much chicken waste on farmland in certain areas.” This case was first brought in 2005 by Oklahoma claiming the poultry companies polluted the watershed with chicken waste.

The testimony came from Monty Henderson, who is the former president of George’s Inc., one of the eleven poultry companies in the lawsuit. According to the Associated Press it is the goal of Oklahoma to show that companies knew about the problems from spreading the waste for a long time and failed to do anything about it, to the detriment of the citizens of Oklahoma, and in violation of federal law and Oklahoma state law.

Henderson started with George’s back in 1994, and as far back as the late 1990s he was aware of the potential environmental problems with spreading the phosphorous-heavy waste, according to his testimony. The 2005 memo was part of a company newsletter that was sent to all employees and the farmers who raised the birds. “It advised that excess litter — or the droppings, feathers and bedding of the birds — should be hauled out of the concentrated areas where poultry is raised, and insisted the problem needed to be solved very soon.”

Questioning Henderson was Louis Bullock, an attorney for the state. In addition to the 2005 memo, Bullock referenced a 1998 document from George’s which apparently said spreading the litter on nearby fields could cause run-off, and suggest “looking for alternative uses for the litter.” Bullock questioned Henderson whether or not the problem was ever solved. Henderson countered Bullock and argued the process of fixing the problem was “well on the way to a solution,” and then noted the efforts George’s was using to protect from litter run-off.

As the AP reports, Thursday was the 14th day of the trial, a trial that began last month, in a case that has been ongoing for several years. “Toward the end of one line of questions Thursday, U.S. District Judge Gregory K. Frizzell, who is hearing the non-jury trial, quipped, ‘We've beaten this chicken to death.”’

Many other states are paying close attention to how this case turns out because it could be the deciding factor in whether or not they bring similar cases against poultry operations in their own state.To read the AP article click here.

Posted: 10/23/09