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Poultry companies ask judge to dismiss ruling that they polluted an Oklahoma watershed

A federal judge dominated that they polluted an Oklahoma watershed.

ByKEN MILLER Associated Press

October 28, 2023, 2:18 PM

FILE - A Tyson food product is seen in Montpelier, Vt., Nov. 18, 2011. The world's largest poultry producer and other poultry companies are asking a federal judge to dismiss his ruling that they polluted an Oklahoma watershed. Arkansas-based Tyson Foods, Minnesota-based Cargill Inc. and the others say in a motion filed Thursday, Oct. 26, 2023, that the case is “constitutionally moot” because the evidence is now more than 13 years old. (AP Photo/Toby Talbot, File)

FILE – A Tyson meals product is observed in Montpelier, Vt., Nov. 18, 2011. The global’s greatest poultry manufacturer and different poultry companies are asking a federal judge to dismiss his ruling that they polluted an Oklahoma watershed. Arkansas-based Tyson Foods, Minnesota-based Cargill Inc. and the others say in a movement filed Thursday, Oct. 26, 2023, that the case is “constitutionally moot” since the proof is now greater than 13 years outdated. (AP Photo/Toby Talbot, File)

The Associated Press

A gaggle of poultry manufacturers, together with the sector’s greatest, have requested a federal judge to dismiss his ruling that they polluted an Oklahoma watershed.

Arkansas-based Tyson Foods, Minnesota-based Cargill Inc. and the others say in a movement filed Thursday that proof within the case is now greater than 13 years outdated.

“This case is constitutionally moot because the Court can no longer grant any effectual relief,” the companies argued in a filing with U.S. District Judge Gregory Frizzell in Tulsa.

The filing said Oklahoma conservation officials have noted a steady decline in pollution. It credited improved wastewater treatment plants, state laws requiring poultry-litter management plans and fewer poultry farms as a result of growing metropolitan areas in northwest Arkansas.

A spokesperson for Oklahoma Attorney General Gentner Drummond did not immediately return a phone call for comment Saturday.

The attorney general’s office told the Tulsa World that “a resolution of this matter that is in the best interests of Oklahoma” is being sought.

Frizzell dominated in January that the companies had been liable for air pollution of the Illinois River Watershed by way of removing rooster clutter, or manure, that leached into the river.

The trial within the lawsuit that used to be filed in 2005 by way of the state of Oklahoma had resulted in 2013 without a ruling for 10 years. In January, Frizzell issued his determination with out addressing the cause of the decade-long extend.

“The Court’s findings and conclusions rest upon a record compiled in 2005–2009,” the poultry companies’ movement mentioned. “When this Court issued its findings and conclusions … much of the record dated from the 1990s and early 2000s.”

Frizzell had ordered the poultry companies and the state to succeed in an settlement on how to treatment the consequences of the air pollution.

Attorneys for the companies and the state lawyer basic every stated in Thursday filings that mediation had failed.

The different defendants named within the lawsuit are Cal-Maine Foods Inc., Tyson Poultry Inc., Tyson Chicken Inc., Cobb-Vantress Inc., Cargill Turkey Production L.L.C., George’s Inc., George’s Farms Inc., Peterson Farms Inc. and Simmons Foods Inc.

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