Curtis Killman of the Tulsa World has an article online that provides us with the latest update in the case between the state of Oklahoma and eleven poultry companies with operations in the Illinois River watershed.The state alleges that the practice in which poultry contract growers spread chicken litter on nearby fields as a cheap fertilizers cause the poultry waste to runoff the fields and pollute the watershed, thereby endangering the health of Oklahoma citizens who use the watershed for recreation. The companies maintain the litter is the property of their contract growers, and therefore the companies should not be held liable for how the growers dispose of the litter.
According to Killman’s article, on Monday testimony came out that if the use of the litter as a fertilizer stopped today, “it would take roughly a century for the amount of phosphorous that is entering Lake Tenkiller to fall to what it would have been if the litter had never been applied to fields in the area.”
The testimony was supplied by Bernard Engel, an agricultural engineer hired by Oklahoma. Phosphorous is found in poultry waste, and Engel testified the amount of phosphorous entering the lake “would be decreased about 18 percent after 10 years if its use as a fertilizer were stopped.” Engel leads Purdue University’s Department of Agriculture and Biological engineering.
The defense countered Engel’s testimony, arguing the computer models he used to derive his estimates under a variety scenarios, and that “Engel’s use of stormwater runoff data derived from simulated rainfall produced ‘worst-case scenario’ results that shouldn't be applied to large fields, where litter is customarily used.
The case has been ongoing in some form since 2005. Engel’s testimony marked the 28th day of the non-jury trial being heard by US District Judge Gregory Frizzell. Killman writes that the trial is expected to take several more weeks, which would likely cause the case to continue on into the New Year.
As the trial continues this blog will continue to bring you relevant updates.
To read the Tulsa World article click here.
Posted: 12/01/09
