Court Mandates Cleanup Funding
In a significant environmental ruling, a federal judge has determined that leading poultry corporations bear financial responsibility for phosphorus pollution affecting the Illinois River watershed. The decision, issued on Friday, December 19, mandates that companies including Tyson, Cargill, George's, Simmons and Cal-Maine fund extensive remediation efforts spanning decades.
U.S. District Judge Gregory Frizzell detailed his findings in a 33-page order that establishes strict limitations on waste application practices while requiring the poultry industry to cover cleanup costs.
Political Reactions and Industry Response
Oklahoma Attorney General Gentner Drummond, who has continued pursuing litigation initially filed in June 2005 by former Attorney General Drew Edmondson, commented on the ruling's implications. "This judgment has significant ramifications for the industry. These consequences underscore why we have focused on the importance of negotiations with the poultry companies before getting to this point," Drummond stated.
Republican Governor Kevin Stitt, who has criticized the ongoing lawsuit, expressed support for poultry producers during a Tuesday visit to Adair County. "I want you to know I'm standing with you, our chicken producers, over the big trial attorneys, because this is all about money," Stitt said. "You have followed your permits, you're protecting the environment, and if anyone breaks the rules, we'll enforce them – but we're not going to go back 20 years and punish an entire industry that has done things right."
The governor's office did not immediately respond to requests for comment, nor did representatives from The Poultry Federation, a multi-state trade organization based in Little Rock, Arkansas.
Legal Proceedings and Environmental Findings
The litigation, which has spanned nearly two decades, accuses major poultry industry participants of contaminating the Illinois River watershed through poultry waste application. Critics argue such practices can pollute rivers, aquifers and drinking water sources in regions spanning northeastern Oklahoma and northwestern Arkansas.
Judge Frizzell initially sided with the state in January 2023, determining that phosphorus concentrations in watershed waterways exceeded natural levels in violation of Oklahoma's environmental standards. Following defense arguments that data supporting the 2023 decision was outdated, the court conducted an evidentiary hearing beginning December 3 to gather updated information.
In his June 17 findings, Frizzell concluded that the watershed continues to suffer damage from poultry waste runoff, leading to Friday's ruling against the corporations.
Remediation Framework Established
The court order establishes a comprehensive remediation framework, including appointment of a special master to oversee implementation for at least 30 years. Poultry companies will be jointly responsible for funding investigation, planning, implementation and monitoring costs.
Frizzell imposed immediate restrictions limiting poultry waste application to 120 pounds per acre of soil test phosphorus within the watershed. The ruling also requires companies to protect contract growers from financial burdens associated with waste handling and potential income losses.
"Considering the balance of hardships between the State and the defendants, the court concludes that an injunction is warranted," Frizzell wrote. "The State persuasively asserts that the hardship that will befall the defendants is that they – like responsible businesses – will bear the costs of: first, remediating the extensive damage they've caused in the past; and second, managing more responsibly the poultry waste generated by their birds from this point forward."
The judge further noted that while defendants emphasize business interests, "both they and the public at large have an interest in the enforcement of the environmental claims on which the State has prevailed."
Path Forward and Settlement Efforts
Governor Stitt has advocated for what he terms "a commonsense settlement" in the case. Frizzell acknowledged in his ruling that he previously directed parties to attempt mediation, but efforts with retired U.S. Circuit Court Judge Deanell Reece Tacha proved unsuccessful.
Attorney General Drummond extended an invitation for collaboration, stating: "A robust poultry industry and clean water can and must coexist. I remain committed to working with the poultry companies toward a resolution. I can help facilitate negotiations that achieve cleanup of the watershed while supporting Oklahoma farmers. Let's find a path forward together. I fervently believe there are solutions that will clean up our water while ensuring a strong and enduring poultry business in Oklahoma."
The remediation plan includes establishment of an evergreen fund with an initial $10 million balance, to be maintained for at least 30 years, with poultry companies covering both the special master's costs and fund contributions.
