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Federal Judge Rules Poultry Litter is Not Solid Waste

Date: December 15, 2009

Source: News Room

In an ongoing case that has drawn national attention because of its wide ranging implications, a federal judge ruled in favor of 12 poultry companies by throwing out a claim by the state of Oklahoma that poultry litter is solid waste. 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.

Last week, U.S. District Judge Gregory Frizzell in the Northern District of U.S. District Court ruled that the Resource Conservation and Recovery Act was not applicable to chicken litter as solid waste, as the state had alleged. However, Frizzell also ruled that the state had established its right to enforce trespassing laws on the Illinois River watershed in eastern Oklahoma. That keeps the state's case alive if it can convince the judge that the poultry industry is responsible for elevated levels of phosphorus that allegedly harms the watershed.

See also: "Judge in Oklahoma Rules Poultry Litter as Solid Waste, " (www.wasteinfo.com/news/wbj20090818C.htm).

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