Officials Decry Ruling Against Poultry Companies

By Emma Murphy, Oklahoma Voice

OKLAHOMA CITY — Oklahoma and Arkansas officials are denouncing a federal judge’s decision that found poultry companies responsible for polluting a key watershed in both states and also ordered them to pay millions to remediate it.

The officials, including Oklahoma Gov. Kevin Stitt and Arkansas Gov. Sarah Huckabee Sanders, said the judgment will create unnecessary harm for poultry producers in both states who operate along the Illinois River Watershed, which runs through Eastern Oklahoma and the Northwest Ozark Mountains in Arkansas. 

But supporters, including Oklahoma’s current and former attorney generals who had aggressively pursued the 20-year-old court case, backed the decision. Rather than appeal the decision, Attorney General Gentner Drummond encouraged the companies to “meet the State at the negotiating table” to address cleanup requirements and ensure the watershed is safe. 

U.S. District Judge Gregory K. Frizzell ruled Friday after negotiations failed that several poultry companies are responsible for polluting the Illinois River Watershed in Oklahoma and Arkansas and must fund remediation efforts. The judge found the companies liable for fixing the damage caused by spreading poultry waste on the land, leading to phosphorus pollution. 

He ruled that the companies, including Tyson, Cargill, George’s, Simmons, Cobb-Vantress, and Cal-Maine, are responsible for cleanup efforts and imposed restrictions on how the land can be used. Frizzell previously determined in June, following evidentiary hearings, that poultry farm runoff was still harming the Illinois River, Lake Tenkiller and connected waterways. 

Frizzell ordered that a “special master” be appointed to oversee remediation efforts and provide updates to the court on a regular basis, according to the ruling. The individual will serve for at least 30 years and will be paid for by the poultry companies with an evergreen fund that will start with a balance of $10 million, according to the judgment.

Frizzell also issued an injunction which restricts the land application of poultry waste, with the rate limited to two tons of waste per acre. 

The poultry companies are also responsible for paying $10,000 per violation to the Oklahoma Department of Environmental Quality Revolving Fund as well as attorney fees. All companies had multiple violations, except George’s, which only had one, according to the judgment.

The poultry companies did not return emails seeking comment. The lawsuit notes that Peterson Farms and Cal-Maine Foods no longer operate in the watershed area, but the judgment names all companies jointly and separately responsible for cleaning up the damage.

Simmons Foods on Sunday ran a full page ad in The Oklahoman newspaper stating that Drummond should “hang up” his cowboy hat and stating that his actions are not pro-agriculture. 

“Real farmers stick together. Put an end to this attack on agriculture today,” the ad says. It was signed by over 200 people who live in Arkansas, Missouri and Oklahoma. 

Drummond, a Republican, pursued the lawsuit, which was initially filed in the Northern District of Oklahoma in 2005 by then-Democrat Attorney General Drew Edmondson. 

Drummond said in a statement that he will help facilitate negotiations for a path forward to clean the watershed and support Oklahoma farmers. 

“This judgment has significant ramifications for the industry,” he said. “These consequences underscore why we have focused on the importance of negotiations with the poultry companies before getting to this point. A robust poultry industry and clean water can and must coexist.”

Edmondson said he was “very pleased” to have finality in the case and that it was a “long time coming” to have this final ruling in favor of the state. He said the ruling was welcomed. 

The poultry companies had not appealed the judgment as of Monday morning, according to court records.

Stitt said Drummond had years to negotiate a “responsible” settlement.

“These family farmers did everything the right way,” Stitt said in a statement. “They got the permit, followed the rules, and they’re still getting sued. … Instead, this judgment delivers a direct punishment to producers by stripping them of ownership of their litter as a lawful source of revenue.”

He called the appointment of a special master an “unaccountable, court-run shadow regulatory agency.” 

Stitt previously fired a member of his Cabinet for appearing in a court hearing for the lawsuit on the side of Drummond, which the governor said was in opposition to Oklahoma farmers and landowners.

Arkansas officials also spoke against the federal judge’s decision. 

“This again shows the negative impact of a ridiculous lawsuit that has gone on for far too long and continues to create unnecessary harm to hardworking Arkansas poultry growers,” said Arkansas Gov. Sarah Huckabee Sanders. 

The state’s Attorney General Tim Griffin said the ruling is a “dangerous precedent” that threatens the “constitutional balance between states.” He said he will be seeking opportunities to help Arkansas farmers appeal. 

“It is deeply disappointing to see the Oklahoma Attorney General seek political opportunity at the expense of hard-working Arkansas poultry farmers,” said U.S. Rep. Steve Womack, R-Arkansas, in a statement. “Many of these growers have been operating in the Illinois River Watershed for generations, and this judgement will do irreparable harm to their livelihoods and families. Supporting these growers remains of the utmost importance to me.”

A spokesperson for the Oklahoma Farm Bureau did not immediately respond to a request for comment.