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Long-awaited poultry suit begins
The state's attorney general says chicken litter has fouled the Illinois River watershed.
Oklahoma Attorney General Drew Edmondson returns Thursday to the federal courthouse in Tulsa during the state's pollution lawsuit against the poultry industry. MICHAEL WYKE/Tulsa World
By CURTIS KILLMAN World Staff Writer
Published:
9/25/2009 2:23 AM
Last Modified: 9/25/2009 3:58 AM
Attorney General Drew Edmondson painted a bleak picture of the Illinois River watershed Thursday as the state of Oklahoma opened its case in a pollution lawsuit against the poultry industry.
Lake Tenkiller, once described as "crystal clear," has become polluted, with a "great deal of the responsibility" at the hands of the poultry industry, Edmondson said.
Hundreds of thousands of chickens and turkeys are raised each year in the watershed, which straddles the Oklahoma-Arkansas state line, Edmondson said. The resulting poultry waste is applied to area fields as fertilizer for crops, he said.
The attorney general said the state would present evidence during the trial — which is expected to involve 40 to 50 days of testimony — that will show how excessive use of poultry "litter," as the waste is called by the industry, has contributed to the degradation of its lakes and streams.
Jars of brownish-colored water, reportedly runoff from land where poultry litter had been applied, were displayed before U.S. District Judge Gregory Frizzell, who is presiding over the nonjury trial in Tulsa federal court.
Attorneys for the state said the poultry industry practices "factory farming" and is not dealing with its own waste.
Edmondson said the state would present evidence showing that excessive amounts of bacteria and other pathogens in the watershed have been traced to poultry litter.
"We are here today to determine the future of the Illinois River watershed," he said during the state's opening remarks.
Attorneys for the poultry industry, meanwhile, said it has been a good steward of the land.
"Poultry farms are not factories; they are farms," said Robert George, an attorney for Tyson Foods.
George said testimony will be heard from farmers who contract with Tyson to raise chickens.
The so-called "growers" care about clean water and, in fact, have never gotten sick from drinking well water at their homes, he said.
Attorneys for the other companies echoed George's contention that their companies have acted responsibly and that the state has no evidence tying any pollution to their operations.
John Tucker, an attorney for Cargill Inc. and Cargill Turkey Production LLC, showed the court a copy of an Animal Waste Management Plan issued to one of the companies' growers on behalf of the Oklahoma Department of Agriculture, Food and Forestry.
The plan, which Tucker called the "elephant in the corner of the room," outlined how the poultry waste could be safely used on the farmer's fields.
"If the recommended management practices are followed, there should be no adverse environmental impact," the plan indicates.
Attorneys for other companies highlighted what they have done to mitigate any problems that might be caused by poultry litter.
A representative for George's Inc. and George's Farms Inc. said the companies have been hauling litter out of the Illinois River watershed at a "fairly substantial cost" since 2003.
"We are responsible people running a responsible company acting in a responsible way," said the attorney, Woody Bassett.
John Elrod, an attorney for Simmons Foods Inc., wrapped up the defendants' opening statements with their own version of show-and-tell.
He showed a video of a man in or near various creeks and rivers in the watershed. In each location, he was shown dipping a glass pitcher into the water, filling it up and holding it before the camera.
Each time, the water appeared to be clear.
The trial is scheduled to resume Wednesday, when the state is expected to call its first witness.
Poultry trial: Day 1
Oklahoma Attorney General Drew Edmondson is suing 11 poultry companies accusing them of polluting the Illinois River watershed with chicken litter. Here are highlights from Day 1 of the trial:
Attorneys for both the state and the poultry companies gave opening statements.
The state is seeking to severely restrict poultry litter use in the watershed.
Trial will resume on Wednesday with state’s first witness.
Defendants
Eleven companies remain defendants in a lawsuit that originally included 14 companies. They 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.
At issue
The civil allegations are:
Violation of the federal Solid Waste Disposal Act.
Violation of state public nuisance law.
Violation of federal public nuisance law.
Violation of trespass laws.
Violation of two state statutes governing pollution of waterways.
What Edmondson says:
The Illinois River, once a pristine waterway, has become “unsightly” due to runoff containing poultry litter that was applied to fields to grow hay. The companies at the center of the lawsuit have been aware for years of the problems that can occur from the overuse of poultry waste as a fertilizer.
Defendants argue:
The poultry companies say there is no evidence that any poultry applied to the land has caused or could cause pollution in the Illinois River watershed. In fact, many of the causes of bacterial and pathogenic water contamination are likely caused by cattle manure. Area nurseries and municipal wastewater treatment plants within the watershed are also large contributors to degradation of the watershed.
Curtis Killman 581-8471
curtis.killman@tulsaworld.com
By CURTIS KILLMAN World Staff Writer
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Some reader comments for this story were copied from "
Oklahoma opens case in poultry lawsuit
," which was published on 9/24/2009.
Report Comment
Jay of Tulsa
, (9/24/2009 1:10:22 PM)
This just in.....
The cost of poultry products is on the rise...
Report Comment
my view
, Sand Springs (9/24/2009 1:21:20 PM)
There is no question that our lakes and streams have been ruin by poultry litter; I'm convinced of it. If the price of cleaning up our waters means higher prices, I'll pay it.
My opinion!
Report Comment
I Fish
, (9/24/2009 1:24:06 PM)
Jay of Tulsa... your water, our water is polluted with chicken waste. Water, the source of all life... without it you'll just choke on your pricey chicken!
I Fish !
Report Comment
NE Oklahoma Girl
, NE Oklahoma (9/24/2009 1:33:05 PM)
I Fish, there's also people poo in that water. Oh, and cattle, and all kinds of wildlife.
And my well water (in the Illinois River watershed) tastes amazing. Comes straight from the spring, that runs clear mind you. And some of the best fishing around is Flint Creek, where the water runs clear most of the year.
Report Comment
tulsaGuy
, (9/24/2009 2:00:35 PM)
It's about time !!!!! Go get'em Attorney General Edmondson.
Report Comment
I Fish
, (9/24/2009 2:13:38 PM)
There you are again NE Oklahoma Girl, we all know you have some ties to this issue, other than just trying to clean up the river. Sure there is people poo in it ... and Fayetteville is trying to clean up their act on that...those cows and those rangey old deer are going to get blamed by you one of these days too...and oh don't forget the fish, they poop in the water too... it's those 200,000 + tons of chicken waste spread all over the IR watershed that is to blame. I'm glad your water is clean up on your end of the watershed, for now anyway, how will you feel the day some e-coli comes'a bubbling up in your well? Now, how about those folks at the far end... near Tenkiller? What do you have to say to them? When the Lower Illinois River is running brown out of Lake Tenkiller dam and smells like sulfur dioxides?
I Fish
Report Comment
Danny.Williams
, sand springs (9/24/2009 2:49:26 PM)
It's about time.
The condition of the Illinios is disgusting from what it once was.
Raise the price of chicken, but let's turn this around.
Report Comment
Jumbo
, (9/24/2009 3:00:23 PM)
"We are here today to determine the future of the Illinois River watershed,” Edmondson said during the state’s opening remarks. "I am here today to dismiss your case," Judge Frizzell said in response.
Report Comment
NE Oklahoma Girl
, NE Oklahoma (9/24/2009 3:30:14 PM)
I Fish, My point is not to blame. I know we have a part in it, haven't once said we didn't. And the only affiliation I have with the industry is that most of my family raises chickens. We're in with the ones that are ultimately getting the blame while we do our best to feed you. I'm only saying that we have done our part by tring to clean up our act, but still we get blamed for it even worse than when spreading was done without testing and when our litter didn't leave the farm. Everyone in the watershed needs to do their part on the clean up. And those that chastise farmers need to recognize that farmers are currently trying to clean up, but it's kind of hard to do when you are scraping the bottom of the barrel for cash to pay bills. Hard to do fix something when you can't pay the electric.
As for the EColi. I'm sure there is Ecoli in my well, as is the case with most of the wells in OK. Not getting anywhere on that one.
Report Comment
NE Oklahoma Girl
, NE Oklahoma (9/24/2009 3:31:38 PM)
Also, why is Tenkiller having such issues when the water runs clear in Flint, with lord knows how many chickens right on the creek. I would think it would be worse right at the source.
Report Comment
I Fish
, (9/24/2009 4:30:27 PM)
NE Girl, you need to do some homework. First the A.G. of OKLA is not suing your family... he is suing those folks that wouldn't help your family when you needed it, when you were up to your u-knowwhat with Chicken litter and they offered you no help and during that time Lake Tenkiller has become a cesspool of sorts ...Remember your science class in grade school... ALL WATER FLOWS DOWN HILL ... sure your little part of the water shed looks clean today, but when it is raining and it's running high... that's when the run off occurs... really, think about this... And if your water well already has e-coli bacteria in it... you better stop drinking it cause you are gonna get sick NE Okla Girl and I rest my case!
Report Comment
GenerallyCrazy
, (9/24/2009 4:35:23 PM)
Just an opportunity for Ed to get some spotlight before he announces for governor. I participated in a group study a few months ago, where both sides presented their "evidence". The state's was totally lacking.
Report Comment
Vern
, Spiro (9/24/2009 6:38:03 PM)
I like saying Poop. Poop, Poop, Poop, Poop.
Report Comment
Faith
, (9/24/2009 10:02:21 PM)
I don't like drinking it though. Usually the court sides with corporations and I am wondering how they will come down on this one.
I agree with what my view said.
Report Comment
tulsaGuy
, (9/25/2009 5:19:20 AM)
Great !! It's about time Oklahoma got serious about protecting its most important natural resource !!
Report Comment
water watcher
, (9/25/2009 6:30:01 AM)
Regarding the group study mentioned by Generally Crazy, could you be more specific? The group study sounds fascinating. Under what auspiece was it conducted? Who represented the "evidence" for each side of this issue? Sounds like a very interesting experience - please share with other readers.
Report Comment
Miss Smart A.
, (9/25/2009 6:50:32 AM)
Drew is sounding like Al Gore. God gave us this planet to destroy as we see fit.
Report Comment
Phantomll
, Spavinaw (9/25/2009 7:30:16 AM)
If my memory serves .. Oklahoma already won a small suit in this scheme. The sheeple (ahem, State of Oklahoma) won a $200,000 settlement and the Turpin, etal law firms received over $2 million in fees.
Report Comment
wardog
, Miami (9/25/2009 8:12:22 AM)
Well lets see, it must be getting close to a big election. They have brought up the old chick waste case AGAIN. How long has this been going onn...A VERY LONG TIME. but now its needed for votes. Not because its destroying our waters, heck not, big bucks are made here, so its over looked until needed. I'm sure you won't believe this but soory its true. Im sure you don't want to look and see, to much trouble, you'll just listen to what your told. This is government in control folks as much as your screaming about the president and health care, this is governemt oo believe it or not, the police, firemen, our highways, all depend on government watching out and supporting these and many more. Or is it you only dislike Federsl government? Is it OK for state government to sucker us right into our staying stupid? What is wrong with you people, do you wear blinders? They were so afraid of the President and the big brainwashing LIE, well we (me and you) have been brainwashed for years and years. So long thousands stand and scream when somebody new wants to change things...for the better, we scream because we're told to do so. This chicken waste cas is small compaired to the health care system but they are All part of the bid scam being done to ALL in this country. This ckicken case should have been solved and stopped years ago but ITS FOR PART OF THE BIG BUCKS TO CHANGE WOULD MEAN 'We the People' would win and those trying to keep things the same would loose..Loose the right to for their scams to continue all the way to their pockets!
Report Comment
mean missy
, no thanks (9/25/2009 8:32:49 AM)
Oh how true,it just wouldnt seem right if they didnt,whata chicken sqott.
Report Comment
Daniel Day Simpson
, Edmond (9/25/2009 8:46:26 AM)
No doubt something has greened up the river. Divers are now skipping Tenkiller due to the muck. I know more divers who do the Eufaula dam area. Of course they are doin some illegal noodling but that's another story.
Report Comment
Jay of Tulsa
, (9/25/2009 8:58:07 AM)
==I FISH==
Why the attacks? I have zero affiliation with the chicken industry. I was simply stating my opinion that poultry prices will be going up once this suit is done...quit breathing the water dude..
.
.
the farmers are regulated by the amount of litter they can spread on their land. I personally think this lawsuit is a fishing expedition looking for someone to blame for something that occurs naturally.
..I don't fish..
Report Comment
NE Oklahoma Girl
, NE Oklahoma (9/25/2009 8:58:18 AM)
I fish, you need to come to a farm and learn how things work in the real world. The litter isn't being spread by Tyson, it's being spread by farmers. If Tyson has to pay money, it will come out of not only the consumer's pocket in the form of higher prices, but out of the farmers pockets in the form of lower prices. That is if they decide to continue providing OK farmers with chickens.
Also, I'm not a dumb butt, I know a thing or two about cause and effect. Common knowledge would say that the problem would be worse at the source of the problem. There will be a trickle down, and coming from a lot of different areas, Tenkiller would be bad. I'm not here trying to start a riot by what I'm saying, just trying to educate a few people on what really happens versus what the media tends to throw out and what people believe with no reason other than someone else said it was right.
And on my well, I don't want to hear about how I need to change. I'd rather drink creek water where I know what's going in it rather than city water any day. I've been drinking the water for more years than I can remember and I've never been sick. Most of the people around here seem to have that same problem. Dang chicken crap.
Report Comment
Charley
, (9/25/2009 10:01:39 AM)
Someone mentioned Drew was running for governor. This case has been on his desk for a long time, he just needs some attention, so he's fighting for Oklahoma, just at the right time.
Even our dumbest Okie should be able to see through that screen
Report Comment
NE Oklahoma Girl
, NE Oklahoma (9/25/2009 10:38:38 AM)
Thank you Charley, I think that's why he's pushing so hard. I will give him this, he's caused a lot of good regulations to go into effect due to looking into this. We needed these. We didn't realize what spreading lots of litter without concern to plant needs was doing to the water. They enforced soil tests, and lots of farmers realized that they can spread what they need and sell the rest. Another way to make a buck and selling it helps pay for the clean-out.
Now, some companies require a CNMP before you get birds, and you have to keep track of where the litter goes with copies of soil tests. We still have a ways to go, but with education programs (that they require to a certain extent) we're learning new things. Our portion of the pollution wasn't caused in a day, it won't be fixed because of a lawsuit, that's just a way of spending money on lawyers. It will be fixed as everyone does their part to clean up what they've been doing, over years and years.
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