It appears as though a lawsuit that was originally brought in 2005 is going to be delayed a bit longer. The case is being brought by state of Oklahoma, which is suing eleven poultry companies with operations in the Illinois River watershed for polluting the river with runoff from fields that contained chicken waste that was being used as a fertilizer. The companies maintain they are not culpable for any pollution of the watershed.Justin Juozapavicius of the Associated Press brings us the latest update in the case. U.S. District Judge Gregory Frizzell, who is hearing the non-jury trial, called a recess on Monday after he was handed an objection by attorneys for the companies. The objection was to an expert witness the state wanted to call. According to the AP, the objection adds to “the thousands of pages the judge has had to sift through. Other arguments have come over intricacies such as the coding of one of thousands of exhibits in the case.” Frizzell was surprised by the objection as he was out of court on Friday when it was filed.
The trial has spread over two months, and yesterday marked the trial’s 26th day. Juozapavicius sums up the issues in the trial thusly,
“Oklahoma argues the waste is a nuisance, a byproduct of poultry companies doing business in a sensitive northeastern Oklahoma watershed for decades. Poultry manure, Oklahoma argues, runs off farm fields and into area lakes and streams, posing a health risk to the tens of thousands of people who use the Illinois River watershed each year.”The companies maintain other sources could be responsible for the pollution. Additionally, the companies argue the waste is the property of their contract growers, not the companies themselves; therefore, the companies shouldn’t be liable for the disposal of the waste.
The result of the trial could have serious precedential effects as other states are paying attention in contemplation of bringing their own, similar lawsuits against poultry companies within their borders.
To read the AP article click here.
To read additional blog posts on the trial use either the site’s search function, or click on the “Animal Feeding Operations” link and scroll to the posts with the picture of the chicken.
Posted: 11/24/09
