Officials in Oklahoma and Arkansas are denouncing a federal judge’s ruling that holds poultry companies responsible for polluting a major watershed in both states and orders them to pay millions of dollars toward cleanup efforts.
Oklahoma Gov. Kevin Stitt and Arkansas Gov. Sarah Huckabee Sanders said the decision will harm poultry producers operating in the Illinois River Watershed, which spans eastern Oklahoma and northwest Arkansas. They argue the ruling unfairly punishes farmers who followed state permitting rules.
Supporters of the ruling, including Oklahoma Attorney General Gentner Drummond and former Attorney General Drew Edmondson, praised the decision and urged poultry companies to negotiate rather than appeal. Drummond said he would help facilitate talks to ensure cleanup efforts move forward.
U.S. District Judge Gregory K. Frizzell ruled Friday that several poultry companies are responsible for phosphorus pollution caused by land application of poultry waste and must fund long-term remediation of the Illinois River Watershed, including the Illinois River, Lake Tenkiller and connected waterways.
The ruling follows failed negotiations and a June determination by Frizzell that poultry farm runoff continues to harm the watershed. Companies named in the judgment include Tyson Foods, Cargill, George’s, Simmons Foods, Cobb-Vantress and Cal-Maine Foods.
Frizzell ordered the appointment of a special master to oversee cleanup efforts and report regularly to the court. The role will last at least 30 years and be funded by the poultry companies through an evergreen account starting at $10 million. The judge also restricted land application of poultry waste to no more than two tons per acre.
The companies were ordered to pay $10,000 per violation to the Oklahoma Department of Environmental Quality Revolving Fund, along with attorney fees. All companies had multiple violations except George’s, which had one, according to the judgment.
The lawsuit, originally filed in 2005 by then-Oklahoma Attorney General Drew Edmondson, has spanned two decades. Peterson Farms and Cal-Maine Foods no longer operate in the watershed, but all companies were named jointly and separately responsible for remediation.
Simmons Foods responded Sunday with a full-page newspaper advertisement criticizing Drummond and calling the lawsuit an attack on agriculture. The poultry companies did not respond to requests for comment.
Drummond said the ruling underscores the need for cooperation between regulators and industry.
“A robust poultry industry and clean water can and must coexist,” he said.
Stitt criticized the ruling as a punishment of farmers and called the special master an “unaccountable, court-run shadow regulatory agency.” Sanders echoed those concerns, calling the lawsuit unnecessary and harmful to Arkansas poultry growers.
Arkansas Attorney General Tim Griffin said the ruling sets a “dangerous precedent” and said his office will look for ways to assist Arkansas farmers in appealing. U.S. Rep. Steve Womack, R-Arkansas, also criticized the decision, saying it would cause irreparable harm to family farmers.
As of Monday morning, no appeals had been filed, according to court records.
For original reporting from the Arkansas Advocate, click here.
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