Judge in Oklahoma Rules Poultry Litter as Solid Waste

Date: August 14, 2009

Source: News Room

A federal judge in Oklahoma ruled that poultry litter could be classified as a solid waste under federal environmental laws when applied in excessive amounts to farmland. In a case that has drawn national attention for its potential economic implications for other businesses across the country, the Oklahoma Attorney General Drew Edmondson is suing 12 poultry companies, claiming that they are legally responsible for the handling and disposal of poultry waste that has damaged portions of the Illinois River watershed in Oklahoma.

The 1 million-acre watershed spans parts of Oklahoma and Arkansas and has 1,800 poultry houses, which produce an estimated 345,000 tons of chicken waste each year. The state claims that poultry waste is a solid waste and thus subject to federal law barring illegal disposal. On the other hand, attorneys for the poultry industry claim that "Poultry litter is a widely utilized fertilizer, which provides soil nutrients, increases crop yields and outperforms commercial fertilizers," according to a court filing. "I reject both approaches," U.S. District Judge Gregory K. Frizzell said before coming up with the compromise ruling that drew the distinction at "excessive application."

The companies in the lawsuit are Tyson Foods Inc., Tyson Poultry Inc., and Tyson Chicken Inc., Cobb-Vantress Inc., Cal-Maine Foods Inc., Cal-Maine Farms Inc., Cargill Inc., Cargill Turkey Production LLC, George's Inc. George's Farms Inc. Peterson Farms Inc. and Simmons Foods Inc.

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