Fight Over Illinois River Watershed and Poultry Waste

First posted on 02-15-2008

Arkansas based poultry companies fired back in response to a request filed in federal court by Oklahoma Attorney General Drew Edmondson. At issue is the spreading of poultry waste in the Illinois River watershed. Edmonson filed the original suit in 2005, accusing about a dozen poultry companies of polluting the basin with litter from chickens and turkeys.

Poultry companies cited unreliable evidence by Edmonson and their concern that area farmers could be forced out of business. The companies said that poultry litter is a valuable economic commodity that farmers use or sell as an organic fertilizer. They claim that an injunction could cost farmers between $39 million and $77 million the first year.

But Edmonson, who requested the preliminary injunction last November, argued that fecal bacteria found in poultry waste could pose health threats to the nearly 155,000 people he said use the river valley for recreation purposes every year. The Illinois River watershed comprises over 1 million acres. Well over half – about 576,000 acres – are located in Oklahoma.

Edmonson asserts that an imminent risk to health has affected the watershed for two decades. But the companies, in refuting his statement, said, “The imminence of that alleged risk is contradicted by the failure to manifest in a single case of illness.”

Environmental officials with the state have said that years of illegally spreading poultry waste has killed some of Oklahoma’s scenic lakes. Edmonson included a statement in his original suit that said poultry litter pollution led to Lake Tenkiller becoming 70 percent oxygen dead.

The injunction request also took issue with the affect bacteria in litter would have on the 1700 plus wells along with ground water and recreational streams in the area.

Named in the 2005 lawsuit were Tyson Foods Inc., Tyson Poultry Inc., Tyson Chicken Inc., Cobb-Vantress Inc., Aviagen Inc., Cal-Maine Foods Inc., Cargill Inc., Cargill Turkey Production L.L.C., George’s Inc., George’s Farms Inc., Peterson Farms Inc., Simmons Foods Inc., Cal-Maine Farms Inc. and Willow Brook Foods Inc.

A hearing on the preliminary injunction is set for Tuesday of next week.