TULSA, Okla. (AP) — The state of Oklahoma is entitled to a jury trial for part of its civil lawsuit accusing the Arkansas poultry industry of polluting the Illinois River watershed with bird waste, a federal judge has ruled.
U.S. District Judge Gregory Frizzell denied the poultry companies' motion to hear the whole case from the bench. He ruled Wednesday that a jury could determine whether the companies are liable for civil penalties under the state's anti-pollution laws — specifically, whether pollution of any of the state's waters constitutes a public nuisance.
Oklahoma Attorney General Drew Edmondson is suing 12 poultry companies, claiming excessive application of chicken waste has resulted in runoff polluting the watershed. A trial is set for Sept. 21.
The case has drawn national attention because it could lead to similar lawsuits across the country challenging how the industry does business.
Frizzell also decided Wednesday that Oklahoma was not entitled to a jury trial on another count dealing with the state's Registered Poultry Feeding Operations Act, because it doesn't allow for the recovery of civil penalties.
The companies wanted Frizzell to hear the entire case from the bench, claiming that a series of pretrial victories for their side eliminated the need for a jury. The most significant of those victories was when Frizzell stripped more than $611 million in monetary damages Oklahoma was seeking from the companies because the state failed to include the Cherokee Nation — whose lands lie within the watershed — as a plaintiff.
The state is continuing to pursue the lawsuit to stop the companies from disposing of what it claims are excessive amounts of chicken waste on farmland in the watershed.
"We respect the judge's decision and look forward to finally having the opportunity to present the real facts, as opposed to Mr. Edmondson's political rhetoric, both to a judge and jury," said Gary Mickelson, a spokesman for Tyson Foods Inc., one of the 12 companies named in the lawsuit. "We will explain how the poultry industry supports the lawful and responsible use of poultry litter as an organic fertilizer on farmland."
The other companies in the lawsuit are Tyson Poultry Inc., and Tyson Chicken Inc., Cobb-Vantress Inc., Cal-Maine Foods Inc., Cal-Maine Farms Inc., Cargill Inc., Cargill Turkey Production LLC, George's Inc. George's Farms Inc. Peterson Farms Inc. and Simmons Foods Inc.
Charlie Price, a spokesman for the attorney general, said the state appreciated the ruling and looks "forward to presenting our evidence to the judge and jury."
The 1 million-acre watershed spans parts of Oklahoma and Arkansas and has 1,800 poultry houses, which produce an estimated 345,000 tons of chicken waste each year.
The area is among the largest in the U.S. for producing broilers, or birds raised for meat. More than 55,000 people in work for the poultry industry in both states.
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