Justin Juozapavicius writes for the Associated Press that in the latest testimony in the case between the state of Oklahoma and eleven poultry companies over alleged pollution of the Illinois River watershed, a “scientist testified that runoff from fields spread with poultry manure accounted for a major portion of the phosphorous” that has polluted the watershed shared by Arkansas and Oklahoma.However, an attorney representing the poultry companies argued that there are potentially twenty other pollution sources that could have caused the pollution that geochemist Roger Olsen “overlooked [.]” The attorney argued that nearby cattle operations, coal-powered power plants, and urban runoff could be the sources of the pollution, in essence attempting to create doubt in the non-jury trial that the pollution in the watershed actually came from poultry operations.
Olsen was testifying as an expert witness on behalf of the state in the federal pollution case being heard by US District Court Judge Gregory Frizzell. The AP reports that Olsen developed his findings after taking and analyzing soil samples and water samples from the watershed. Attorney Tom Green, who works for Tyson Foods Inc., one of the companies involved in the case, “said Olsen failed to take soil or edge-of-field samples near septic systems, nurseries, golf courses or areas where only commercial fertilizers had been used - suggesting such data might conflict with the state's premise that excess poultry manure is the major cause of pollution in the Illinois River watershed.”
Juozapavicius writes that Green used arsenic as an example of where Olsen may have overlooked a source. Arsenic is found in both poultry litter and in deposits from coal-fired power plants. There are such plants located “within 50 miles of the 1-million-acre river valley.” Undeterred by the cross examination, Olsen countered ‘“If it was a big contributor we contend we would have found it in our reference soils,”’ he replied to Green’s arsenic questioning.
In the Illinois River watershed there are approximately 1,800 poultry house and the industry employees roughly 55,000 citizens of the area. The case originated in 2005, and Wednesday marked the 24th day of the trial. Other states are paying close attention to how this trial turns out. If Oklahoma wins there is likely to be follow-up suits filed by some states against poultry operations within their borders, arguing roughly the same pollution issues as Oklahoma.
To read the Associated Press article click here.
Posted: 11/19/09
