Tulsa World: Officials: injunction on poultry litter needed as spring rains arrive

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Officials: injunction on poultry litter needed as spring rains arrive

By Associated Press
Published: 3/26/2008 8:31 PM
Last Modified: 3/26/2008 8:31 PM

While a federal judge mulls whether to stop 13 Arkansas poultry companies from spreading bird waste in the Illinois River watershed, some environmentalists and business owners say a ruling is badly needed, especially after the heavy rains that fell there last week.

“We need relief as quickly as possible,” said Ed Brocksmith, a founder of the group Save the Illinois River. “Without that relief, there is no future for the Illinois River as a state scenic river because it is in jeopardy as we speak from nutrients and bacteria primarily from poultry waste.”

During a federal hearing earlier this month, Oklahoma Attorney General Drew Edmondson argued for a moratorium on spreading the waste before the spring rains, which figured to cause more bacteria to run off into rivers and streams and seep into the groundwater.

Last week, a slow-moving storm dumped several inches of rain across northeastern Oklahoma, home to about half the 1 million-acre watershed. Rains caused the Illinois River to crest at 22 feet, more than 11 feet above flood stage, before it began falling.

Edmondson said in court that bacteria from the waste of more than 140 million chickens raised each year in the river valley had poisoned the land and posed a serious health threat to thousands of people who recreate there.

The preliminary injunction hearing is part of Oklahoma’s 2005 lawsuit against the region’s $2 billion poultry operation.

Closing arguments before U.S. District Judge Gregory Frizzell in the injunction matter ended March 12.

Terri Ussery, who runs the Sixshooter Bed & Breakfast near Lake Tenkiller, which environmentalists say has been slowly choked of oxygen due to litter pollution, described the water there as “muddy and dirty-looking.”

She recalls a time, maybe 20 years ago, when she was able to step in the water up to her neck and clearly see her feet. Today, she says a view on a good day is about 18 inches down.

“A lot of my customers are in their 50s and 60s, and they came to the lake 40 years ago, and they tell me the lake used to be so clear and now they say they can’t get over the difference,” Ussery said.

Tulsa attorney Gerald Hilsher, who’s been affiliated with the Save the Illinois River group for 10 years, said if the judge issued the injunction, it would be difficult to gauge its impact at least for this year because it’s unknown how many poultry growers already emptied the waste out of their chicken houses.

“There’s nothing out there preventing farmer Jones from clearing out the house and spreading (the litter),” Hilsher said.

Attorneys for the poultry companies - among them Tyson Foods Inc., the world’s largest meat producer - have argued that the state relied on “junk science” and called witnesses who had an agenda against their industry to make its case.

Poultry company attorneys also say the state failed to produce one person who became sick after coming into contact with the area.

Edmondson sued the poultry companies in 2005, accusing them of treating Oklahoma's rivers like open sewers.

Named in the 2005 complaint are Tyson Foods Inc., Tyson Poultry Inc., Tyson Chicken Inc., Cobb-Vantress Inc., Cal-Maine Foods Inc., Cargill Inc., Cargill Turkey Production L.L.C., George’s Inc., George’s Farms Inc., Peterson Farms Inc., Simmons Foods Inc., Cal-Maine Farms Inc. and Willow Brook Foods Inc. By Associated Press

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	Report Comment RJ, Tulsa (3/26/2008 9:05:28 PM) Quote "Poultry company attorneys also say the state failed to produce one person who became sick after coming into contact with the area." SO WHAT?!? I don't think that should be the sole or even a major criterium for determining whether we ought to let growers dump their chicken crap all over the place.
	Report Comment Leesil Beavis, Colcord (4/4/2008 8:54:08 PM) you will also be gripping when there is no beef to eat or it is to high to buy because you put the beef industry out of business, because we can't afford to use high priced commercial fertilizer so we use chicken litter which we do not consider as crap!!!!!!!!!!!!!!!

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