Oklahoma Gov. Kevin Stitt wants to “expedite discussions and break the current impasse” to settle the “Busload of Lawyers” case brought by his state 20 years ago.
Stitt has filed a motion in the U.S. District Court for the Northern District of Oklahoma, seeking to settle the case formally, also known as State of Oklahoma v. Tyson Foods Inc.
Twenty years ago, Oklahoma’s then-Attorney General Drew Edmondson sued 13 poultry companies in federal court for improper poultry litter disposal and environmental damage to the state’s water by the poultry businesses, mainly in Arkansas, and specifically over the Illinois River watershed.
Back then, it was referred to as the “Busload of Lawyers” case because of all the attorneys required to represent all of the parties.
There’s never been an end to the Northern District Court case, which the Governor now hopes to bring about.
Over the summer, Oklahoma’s current Attorney General Gentner Drummond proposed a final judgment to the federal court that would have poultry companies remaining in the case pay more than $100 million for poultry litter pollution in the Illinois River Watershed (IRW).
Poultry lawyers were opposed, and the parties remain at an impasse. The governor is asking for “a Court-ordered path that protects the environment while ensuring businesses can still operate efficiently.”
Federal Judge Gregory Frizzell actually ruled in favor of Oklahoma in January 2023, previously stating in findings that “the principal contributor of these elevated phosphorus levels in waters of IRW is run-off from poultry waste.”
“Oklahoma families deserve better than endless litigation that rewards activists and trial lawyers,” said Gov. Stitt. “We’re going to restore certainty, defend Oklahoma jobs, and secure a reliable, American food supply at a time of food inflation and global instability.”
The first proposed judgment sought fines of $10,000 per day for each poultry company violation that occurred between the late 1990s and 2005.
Proposed fines by the company were:
- Tyson Foods Inc. – $28,910,000
- Cargill Inc. – $23,690,000
- Simmons Foods Inc. – $27,160,000
- Cal-Maine – $18,270,000
Edmonson sued Tyson, Cargill, Cobb-Vantress, Aviagen, Cal-Maine Foods, George’s, Peterson Farms, Simmons Foods, Willow Brook Foods, and all their various subsidiaries on June 13, 2005, seeking $800 million plus punitive damages.
The District Court ruled that Oklahoma could not seek monetary damages without the involvement of the Cherokee Nation because the tribe’s lands surround the watershed. That finding was upheld by the 10th U.S. Circuit Court of Appeals in Denver.
Judge Frizzell has been involved in the case since its inception. Following his 2023 ruling in favor of the State of Oklahoma, mediation was attempted but failed to achieve a settlement. He presided over the trial, which ran from Sept. 21, 2009, to Feb. 18, 2010, and then took 13 years to make a decision.
The Illinois River is a 145-mile-long tributary of the Arkansas River in Arkansas and Oklahoma. Oklahoma has long blamed Arkansas for polluting the river. The watershed encompasses 1,069,530 total acres — approximately 1,600 square miles. The Illinois River is designated as a Scenic River. Lake Tenkiller — also known as Tenkiller Ferry Reservoir — was formed by impounding the Illinois River in 1953, providing a public water supply source for area municipalities.
Poultry litter is a mixture of chicken manure, spilled feed, feathers, and bedding materials used in poultry houses. Poultry litter is used in confinement buildings for raising broilers, turkeys, and other birds. The state’s proposed settlement calls for a watershed monitoring team to oversee the application of poultry litter. It might continue for 30 years.
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