A federal judge dominated in favor of the state of Oklahoma on Wednesday, almost 18 years right into a lawsuit that blames the poultry trade for air pollution in the Illinois River watershed and 13 years after a prolonged trial in the case.
U.S. District Judge Gregory Frizzell discovered for the state on the trespassing and public nuisance-related claims it leveled towards the varied poultry firms that operated inside the watershed in jap Oklahoma.
“The court concludes all defendants, by their conduct, have unreasonably interfered with the public’s right to the use and enjoyment of the waters of the IRW (Illinois River watershed) in Oklahoma,” Frizzell wrote in his 200-plus web page Findings of Fact and Conclusions of Law report.
“The state further established that a significant cause of the excess phosphorus in the waters of the IRW is the land application of litter from defendants’ poultry,” Frizzell wrote. Poultry waste is often referred to as litter when combined with different bedding supplies.
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“The State’s injuries from phosphorus concentrations in the rivers and streams of the IRW and Lake Tenkiller are significant,” Frizzell continued. “Defendants are liable to the State for statutory public nuisance and for federal common law nuisance with respect to their conduct in the Oklahoma portion of the IRW and their conduct in the Arkansas portion of the IRW.”
Frizzell gave all events concerned in the lawsuit till March 17 to return to an settlement “with regard to remedies to be imposed in this action.”
Should the events not come to an settlement that Frizzell approves, he wrote that he would enter a judgment on his personal.
The ruling comes greater than 13 years after a bench trial concluded on Sept. 24, 2009, in U.S. District Court for the Northern District of Oklahoma.
“This is a great and historic day for Oklahoma,” mentioned Oklahoma Attorney General Gentner Drummond. “While this decision has been a long time coming, it is important to note that in the intervening years since the filing of the suit, the poultry industry has made, or is willing to make, strong improvements in waste disposal to ameliorate the extent of the problem.
“Oklahoma has amazing natural resources that deserve our vigilant protection. We will thoroughly review the judge’s decision and determine the appropriate path forward.”
Former Oklahoma Attorney General Drew Edmondson filed the lawsuit June 13, 2005, towards 14 poultry firms that had operations in the Illinois River watershed, alleging that overuse of poultry litter as crop fertilizer had triggered air pollution in the watershed. The variety of firms named was finally narrowed to 11.
The remaining defendants are Tyson Foods Inc.; Tyson Poultry Inc.; Tyson Chicken Inc.; Cobb-Vantress Inc.; Cal-Maine Foods Inc.; Cargill Inc.; Cargill Turkey Production LLC; George’s Inc.; George’s Farms Inc.; Peterson Farms Inc.; and Simmons Foods Inc.
Frizzell presided over 52 days of trial that have been unfold out over a 148-day interval.
The state of Oklahoma alleged that poultry litter generated by poultry farmers was excessive in phosphorus, which leached into close by streams when overly utilized as fertilizer on lands inside the watershed.
The watershed contains about 1 million acres, with barely greater than half in northeastern Oklahoma and the steadiness in northwestern Arkansas.
Frizzell agreed with the state that almost all of the poultry waste generated by birds owned by the defendants has been utilized in the Illinois River watershed, normally on or in shut proximity to the poultry farms.
The judge additionally decided that whereas the poultry firms criticized the state for not adequately contemplating different potential sources of phosphorus, he discovered that “based on the evidence produced at trial, it is clear that poultry waste is a major contributor to the levels of phosphorus in the water of the IRW.”
Frizzell additionally agreed that the defendants “have done little — if anything — to provide for or ensure appropriate handling or management of the poultry waste generated by their birds at their growers houses.
Frizzell agreed with the state that pollution from phosphorus had caused the following in the watershed:
Low-dissolved oxygen in the Illinois River
Abundant filamentous green algae
Blue-green algae in Lake Tenkiller
Frizzell earlier rejected a claim from the state that land application of litter had caused bacterial pollution in the watershed waters.
The state in its lawsuit is seeking an injunction that:
Makes the poultry companies responsible for waste generated by their birds and precludes land application of poultry waste in the Illinois River watershed at rates greater than the agronomic rate.
Requires remediation of the watershed.
Requires the defendants to pay to undertake an investigation of remedial actions to address the effects of land application of poultry waste in the watershed and to pay for the costs of implementing the remedial actions.
Reached by telephone Wednesday, Edmondson called the ruling “pretty much a home run for the state of Oklahoma.”
Edmondson mentioned that since testimony concluded in the trial in 2009 the watershed has seen some enchancment in its waters.
He attributed a number of the enchancment to upgrades to municipal wastewater therapy vegetation in the watershed.
Edmondson mentioned poultry firms have been voluntarily delivery a number of the poultry litter out of the watershed.
“The problem with that is it was voluntary, and as the price of gasoline goes up, that could end overnight,” Edmondson mentioned.
(*18*) Edmondson mentioned. “What is remaining is for Oklahoma, through the attorney general and the poultry industry, to try to hammer out a negotiated settlement that they could submit to the court.
“The court indicated that if there is a failure to do that then the court would rule.”
Edmondson mentioned the judge may take injunctive reduction if each side fail to return to an settlement.
“He could enjoin the industry from spreading any litter on the land,” Edmondson mentioned. The judge may additionally levy “significant” penalties,
He mentioned the judge may go up to now as to ban the position of chickens in the watershed.
Asked if he thinks such a place might be probably, Edmondson replied: “If the industry does not agree to a very significant negotiated settlement, then I would urge the court to do that.”
Edmondson emphasised that he’s not lawyer basic and isn’t in cost of seeing the lawsuit by means of.
He counseled each Frizzell and Drummond for their efforts in the case.
Earlier this month, Drummond filed an look in the federal poultry air pollution lawsuit.
Edmondson mentioned Drummond’s submitting signifies “his personal interest in fighting this fight for the people of Oklahoma, which I appreciate very much.”
A spokesperson for Tyson Foods mentioned firm officers have been reviewing the ruling and had no remark Wednesday.
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