Chicken Litter Case Piles Up

First posted on 02-22-2008

It’s really starting to hit the fan now, if you will excuse the pun. The American Farm Bureau Federation and the National Cattlemen’s Beef Association joined the side of poultry producers in issuing a friend-of-the-court brief in district court.

At issue is the spreading of chicken litter in the Illinois River watershed, a practice that Oklahoma Attorney General Drew Edmonson wants stopped and a dozen large poultry companies (Tyson, Cargill, Peterson Farms and Simmons Foods among them) are defending.

Edmonson contends that the uncontrolled spreading of chicken waste is damaging Oklahoma’s pristine waters. But the large companies say that is not the case and contend the attorney general’s facts are incorrect. Edmonson has asked the court to issue an emergency injunction to halt the practice.

The AFBF and the NCBA joined in the fray because they fear the results of the court case could create additional roadblocks to other forms of fertilization, like using cow manure, a standard practice. AFBF General Counsel Julie Anna Potts said the spreading of manure and chicken litter is already highly regulated and argues that more regulations are not necessary and not helpful to the environment.

Arkansas Senator Mark Pryor has said that if Oklahoma rules chicken litter as a fertilizer subject to federal regulation, farm state congressmen should see it as a “huge wake-up call.” Pryor said he expects such a ruling would set a precedence to regulate all forms of animal waste and other farm runoff.

He and fellow Arkansas Senator Blanche Lincoln have been urging Congress to exclude farm runoff from federal anti-pollution provisions.

The state of Oklahoma is wrapping up its arguments in the case with Attorney General Edmonson stating that, unless the court grants an injunction by spring, fecal bacteria in could pose a health threat to thousands of visitors to the northeastern Oklahoma river valley.

Poultry company attorneys will begin arguing their case today. Then, after a weeklong break, the hearing is expected to resume the first week of March.