Poultry Litter Case Switches to the Defense




After throwing out the Resource Conservation and Recovery Act claims earlier this week, Judge Frizzell began to hear testimony from the poultry industry’s experts on Wednesday, according to Omer Gillham of the Tulsa World, click here to view the article.  The first witness called by the defense was “John Connolly, an expert with experience in water quality and pollutant migration ... Connolly has a Ph.D. in environmental health engineering, records show.”  According to Connolly, "In my opinion, the use of poultry litter in the Illinois River watershed is not a major source of phosphorus or algae growth in the Illinois River watershed," Connolly said. "It is not having a major effect on water quality." 


Prior to Connolly being called, Oklahoma tried to save its case in response to motions to dismiss the case from the poultry industry.  According to the article,
“Fred Baker, an attorney representing the state, responded to several motions by Tyson Inc. and other poultry companies to have the case dismissed. Baker presented extensive records detailing  hosphorus levels, soil tests and the business connection between the poultry growers and poultry companies. 
The phosphorus load entering Lake Tenkiller each year reaches 577,000 pounds, Baker said, citing a research report. 
"The source of phosphorus in Lake Tenkiller is poultry," he said.”
The trial will continue today with more testimony.


Posted:  12/17/09