A coalition of poultry producers, including industry giant Tyson Foods and Cargill Inc., is seeking the dismissal of a federal judge’s ruling that they polluted an Oklahoma watershed. In a motion filed on Thursday, the companies argue that the evidence presented in the case is over 13 years old, rendering the matter constitutionally moot.
According to the filing submitted to U.S. District Judge Gregory Frizzell in Tulsa, the companies contend that the court can no longer provide effective relief, pointing to improvements in wastewater treatment plants, state laws mandating poultry-litter management plans, and a reduction in poultry farms due to urban growth in northwest Arkansas.
The filing highlights data from Oklahoma conservation officials, indicating a consistent decline in pollution levels. However, the state’s Attorney General Gentner Drummond’s office is yet to provide immediate comments on the motion.
Judge Frizzell had previously ruled in January that the poultry companies were responsible for polluting the Illinois River Watershed through the improper disposal of chicken litter, or manure, which seeped into the river. The lawsuit was originally filed by the state of Oklahoma in 2005, with the trial concluding in 2013 without a ruling for a decade.
The motion argues that the court’s findings and conclusions were based on a record compiled between 2005 and 2009, with significant portions dating back to the 1990s and early 2000s.
Earlier, Judge Frizzell had directed the poultry companies and the state to negotiate an agreement on addressing the pollution’s effects. However, Thursday’s filings revealed that mediation had proved unsuccessful.
The other defendants named in the lawsuit include Cal-Maine Foods Inc., Tyson Poultry Inc., Tyson Chicken Inc., Cobb-Vantress Inc., Cargill Turkey Production L.L.C., George’s Inc., George’s Farms Inc., Peterson Farms Inc., and Simmons Foods Inc. The legal proceedings underscore the complexity and longevity of environmental disputes within the agricultural industry.
