A federal judge has found that land applications of poultry litter have raised phosphorus levels in Oklahoma's Illinois River and is ordering integrators to fund remediation efforts and requiring farmers to limit waste applications.
In a ruling, Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma concluded that poultry companies involved in a lawsuit over run-off in the river "knew or should have known no later than the late 1990s that their growers’ land application of poultry waste generated by the defendants’ poultry was a primary source of the excess phosphorus in the waters" of the Illinois River watershed.
The judge placed an injunction restricting poultry growers from applying more than two tons of poultry litter on an acre of land, according to a press release from the Oklahoma Attorney General's office, which originally filed the case.
Under the ruling, a special master will be appointed by the judge to oversee cleanup efforts that will be funded by poultry companies named in the lawsuit. The special master will serve for "at least 30 years," will order testing and prepare reports that will be made public on the court docket, according to the release.
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Companies listed as defendants in the lawsuit include Tyson Foods, Cal-Maine Foods, Cobb-Vantress, Cargill, George's, Peterson Farms, and Simmons Foods. None responded immediately to Agri-Pulse's request for comment.
Tyson Foods faces a penalty of $160,000, while Cobb Vantress faces a $30,000 penalty, Cargill faces a $60,000 penalty, George's Inc. faces a $10,000 penalty, Simmons Foods faces a $90,000 penalty, and Cal-Maine faces a $70,000 penalty, according to the ruling.
In a press release, Oklahoma Attorney General Gentner Drummond said "a robust poultry industry can and must coexist" and said he is "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," Drummond said. "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.”
However, Oklahoma Gov. Kevin Stitt criticized the ruling and called for Drummond to request a stay in the case. A press release from Stitt's office said the court "is stripping family farmers of critical property rights by taking away their ability to sell their own chicken litter as fertilizer" and that as a result, it will "cut off a long-standing source of income for Oklahoma operations."
"These family farmers did everything the right way," Stitt said. "They got the permit, followed the rules, and they're still getting sued. If you can do exactly what the state requires and still end up in court, what are you supposed to do?"
In a statement, Arkansas Farm Bureau president Dan Wright said his organization is still reviewing the court's decision and its potential impact on Arkansas and Oklahoma poultry farmers, but "integrator contracts must allow poultry growers the opportunity to remain financially viable, especially throughout their debt service term."
"The current reality is that poultry farmers, by no fault of their own, could have their livelihoods taken from them," Wright said. "We must protect our farmers and their right to farm in a state where agriculture is its number one industry."
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