Today’s update in the lawsuit between the state of Oklahoma and eleven poultry companies with operations in the Illinois River watershed, is brought to us by Tulsa World scribe Susan Hylton, who writes that after twelve weeks of presentation, the state has rested its case in the lawsuit.In the lawsuit the state alleges the eleven poultry companies are culpable for the pollution of the watershed. The companies counter that the excess levels of pollutants like phosphorous in the watershed can be attributed to other sources than poultry waste, like cow manure. Further, even if poultry waste is the culprit, the companies are not responsible for the waste disposal as they argue it is the property of their contract growers, who spread the waste as a low-cost fertilizer on fields near the poultry houses, and who received the profits from selling the waste to other farmers for their fields.
Now that the state has rested, US District Judge Gregory Frizzell will hear arguments from the defense today. The trial is a non-jury trial, and the case has been going on in some form since 2005. The defense spent the majority of its time on Monday arguing the case should be thrown out.
Gordon Todd, an attorney for Tyson Foods, one of the eleven companies, stated, ‘“There’s no evidence tying specific companies with certain growers and [polluted] Oklahoma streams.”’
The companies will continue to make their arguments today and likely into next year, as some predict. Either way, the US Agricultural and Food Law and Policy Blog will continue to bring you updates.
To read the Hylton article click here.
Posted: 12/15/09
