Poultry Companies Blame Others for Pollution

The Associated Press’s Justin Juozapavicius continues his excellent coverage of the ongoing poultry waste lawsuit between the state of Oklahoma and eleven poultry companies with operations in the Illinois River watershed with an article on the most recent actions in the case.

On Thursday, the second full day of testimony, Oklahoma’s director of the state’s Scenic Rivers Commission, Ed Fite, testified that he spoke with the companies on multiple occasions about the pollution, and as far back as a decade ago “he talked with the poultry industry [] about ways to move chicken waste out of the Illinois River.” Fite testified that he suggested adding to the cost of each bird by roughly a cent in order to provide funds for dealing with the waste. At the time he had many of these conversations, Mr. Fite was a member of then-Governor Frank Keating’s task force on animal waste. Fite’s testimony came towards the end of the day, so Fite will retake the stand today.

Earlier in the day the attorneys for the poultry companies had an opportunity to cross-examine former environmental secretary for Oklahoma, Miles Tolbert. “Under questioning, Tolbert acknowledged that since Oklahoma is less restrictive than Arkansas in regulating runoff from commercial fertilizer in the 1-million-acre watershed it is harder to maintain water quality.”

The attorneys for the industry also argued that cattle operations, along with wastewater discharge from treatment plants, and “excessive use” of fertilizer “could all be contributing to the pollution problem in the river valley.”

As this blog has reported numerous times, the state is alleging the poultry companies violated state and federal statutes when runoff from farms where the poultry litter was spread as a fertilizer allegedly polluted the watershed, and endangered public health. So, what at one time may have been considered a sustainable and efficient use of chicken litter may actually cause the poultry companies to be found out of compliance with environmental laws.

To read yesterday’s U.S. Agriculture and Food Law and Policy Blog post click here.
To read other previous posts on this topic click on the Environmental Law content link to your right, scroll down and look for the chicken picture, or just click here.
To read the Associated Press article click here.

Posted: 10/02/09