The Associated Press’s Justin Juozapavicius brings us the latest update, via the Tulsa World online, in the poultry litter pollution case between the state of Oklahoma and eleven poultry companies with operations located within the Illinois River watershed.According to Juozapavicius’s reporting, on Wednesday US District Judge Gregory Frizzell prevented state attorneys from introducing into evidence “soil test records that reportedly showed high phosphorous levels at 50 chicken farms.” Instead Judge Frizzell told the state he wants the complete soil test records for the operations in question, and he wants the records going all the way back to 1998, when official record-keeping began.
Frizzell, as Juozapavicius writes, effectively sided with the poultry companies who complained that the state was ‘“cherry-picking”’ the data to show only the tests with high pollution levels in order for the state to make its case. Frizzell stated, ‘“That’s why I want to see all the records, because they may cut either way.”
Juozapavicius reports that this ruling is among “several that have gone against Oklahoma [.]” In previous rulings Judge Frizzell denied the ability of the state to collect money damages even if the state wins. Additionally, the judge has prevented some of the state’s expert scientific witnesses from testifying.
Oklahoma is in the process of completing its side of the case. This comes after “nearly 35 days of testimony that stretche[s] back to September.” The suit was originally brought in 2005 when the state claimed the poultry companies were responsible for the pollution in the Illinois River watershed.
The state alleges that chicken manure that was spread on fields neighboring the chicken houses would runoff the fields during rains, and this in turn caused the pollution in the watershed. The companies deny any liability and instead argue the manure is the property of their contract growers, not the companies.
If Oklahoma wins the case it could be the standard followed by courts in other states where future pollution cases against poultry companies may be waiting in the wings.
To read the Tulsa World story click here.
Posted: 12/10/09
