Once again, the Associated Press’s Justin Juozapavicius brings us the latest information on the poultry litter pollution case between the state of Oklahoma and eleven poultry companies with operations in the Illinois River watershed. According to his story for the AP, yesterday marked the 25th day of the trial in a case that was first brought in 2005, and federal judge Gregory Frizzell is not happy with thirty-plus attorneys in the case for “bombarding him with ‘thousands’ of documents as the bench trial” continues to drag along.Frizzell believes the attorneys are filing the documents for an anticipated appeal to the judge’s final ruling. “Frizzell later candidly admitted that he didn't know how he was going to rule on the case, which accuses 11 poultry companies of polluting a sensitive watershed with tons of bird manure.” The companies maintain the waste is the property of the contract growers, so they (the companies) are not responsible for disposing of the waste. The companies further contend that the state is not using sound science in building and presenting the case.
As Juozapavicius reports, the case is likely to push into January, and the judge’s patience appears to be wearing thin as he stated, ‘“I wish we had a jury [.]”’ Ultimately Frizzell’s ruling in the case will impact not only a likely appeal, but may also have a precedential impact on future cases that may be brought against the companies by other states if Oklahoma is successful in the suit.
After both sides present their case each will submit final briefs to the court with their final findings and proposals. Judge Frizzell warned the attorneys to avoid ‘“extremist”’ opinions, reminding the attorneys that ‘“[t]his is a court of law . . . [b]e reasonable; don’t be zealots.”’
As always, this blog will continue to follow the case closely bringing our readers updates as the trial progresses. To read the AP article click here.
Posted: 11/20/09
