The Oklahoma case against Tyson Foods and other Arkansas poultry companies has been ongoing for quite a while, with jury verdicts awarded and appeals pending.
According to the opinion, Oklahoma filed suit against Tyson and other poultry companies due to the companies' disposal of poultry litter into the Illinois River Watershed. Oklahoma sought money damages for past and future damage to the watershed and also asked for an injunction against further alleged pollution. Tyson moved to dismiss the monetary claims arguing that the Cherokee Nation was a required party and had not been joined. Oklahoma argued that the Cherokee Nation was not a required party, but negotiated an agreement "in which the Nation purportedly assigned the State its interests in the litigation."
The district court "ruled that the agreement was invalid and granted Tyson's motion," which restricted the trial to claims for injunctive and other equitable relief alone. "Nineteen days before trial, the Nation moved to intervene."
The Cherokee nation asked to intervene in the case, so it could bring claims against the poultry producers. Judge Gregory K. Frizzell, however, said that the Nation's delay would severely prejudice Tyson and the other poultry companies and that the nation would not be prejudiced by a denial of the intervention.
To read the full-text of the Tenth Circuit opinion, click here.
To read the Associated Press story, click here.
For background on the case, past US Ag&Food Law and Policy Blog posts are available, here, here, and here.
Posted: 09/22/2010
