Update: Executive questioned in poultry waste lawsuit

The lawsuit between the state of Oklahoma and eleven poultry companies with operations in the Illinois River watershed keeps trucking along. On Monday, as Curtis Killman reports for the Tulsa World online, testimony centered on a company executive who questioned “whether poultry waste is harming the environment.”

Testifying was Simmons Foods Chairman and CEO Mark Simmons, who told US District Judge Gregory Frizzell (Frizzell is hearing the non-jury case) that poultry waste, when appropriately applied, is good for crops as a fertilizer. Simmons Foods is one of the eleven companies being sued by the state. Oklahoma claims the companies are “legally responsible for handling and disposal of poultry litter that the state says has damaged parts of the Illinois River watershed in Oklahoma.”

When questioned by state attorney Louis Bullock about potential concerns from the poultry litter, Simmons did admit there is some concern over the nutrient levels. Poultry litter is high in phosphates, the main nutrient in question. Poultry representatives argue that phosphates added to meal fed to chickens helps the birds maintain strong bones and grow faster than they normally would. When it comes to the excess nutrients in the watershed issue, the industry has countered the state’s contention that the industry is ultimately responsible is incorrect as cattle and human waste and erosion have contributed to the pollution levels in the watershed.

Killman reports that, while Simmons may be a smaller operation, the combined operation of the eleven companies produces “about 4 million chickens a week.” Ultimately, Simmons most important answer came in one word in response to the Bullock’s question as to whether or not poultry litter is responsible for the watershed’s pollution level. “No,” Simmons responded.

The case will resume today. As always the US Agriculture & Food Law and Policy Blog will stay on top of the story.

To read Killman’s article for the Tulsa World, click here.

Posted: 11/10/09