OKLAHOMA CITY – Calling it “a turning point in one of the state’s most significant environmental case” the Attorney General’s office announced last Thursday that it had reached a settlement with two poultry companies in a long-running lawsuit.
In a media statement, the AGs office said it had secured settlements totaling more than $25 million from Tyson Foods and Cargill.
“For over two decades, Oklahoma has fought to protect the Illinois River Watershed and the natural resources that sustain our communities,” the attorney general said. “The decision to settle by Tyson and Cargill makes one thing unmistakably clear: corporate accountability is not optional and protecting Oklahoma’s water can, and must, go hand in hand with a strong poultry and agricultural industry. These settlements provide a path to move forward together, giving certainty for growers, protecting jobs and safeguarding Oklahoma’s waters for future generations.”
Under the consent judgments, Tyson will pay $19 million for remediation and conservation of the Illinois River Watershed while Cargill Inc. and Cargill Turkey Production will pay $6.5 million.
The AG’s office said it was pleased by the agreement.
“For over two decades, Oklahoma has fought to protect the Illinois River Watershed and the natural resources that sustain our communities,” the office said in a media statement. “The decision to settle by Tyson and Cargill makes one thing unmistakably clear: corporate accountability is not optional, and protecting Oklahoma’s water can, and must, go hand in hand with a strong poultry and agricultural industry. These settlements provide a path to move forward together, giving certainty for growers, protecting jobs and safeguarding Oklahoma’s waters for future generations.”
The attorney general said both companies agreed to “progressively increase the amount of poultry litter removed from the Illinois River Watershed, pay into a fund for a Special Master to monitor compliance and bear all costs associated with litter removal and pay into a fund for remediation of the Illinois River Watershed.” In addition, both companies agreed to dismiss their respective appeals of the Dec. 19 judgment while the state agreed to release all claims against the companies.
Nathan McKay, the President of Poultry for Tyson, said the settlement brings resolution to the dispute, and allows the company to focus on its growers and communities moving forward.
“Tyson Foods has reached a settlement with the State of Oklahoma to resolve the long-running Illinois River Watershed dispute. We believe this resolution is in the best interest of our growers and their communities in Northeast Oklahoma and Northwest Arkansas,” McKay said. “Tyson Foods is fortunate to have been a part of the agricultural community in the region for our entire 90-year history, and we are deeply grateful for the support we have received from our growers, our neighbors, and elected leaders in both states to achieve this resolution. We are pleased to move forward with our growers in Oklahoma and Arkansas to focus together on our mission of feeding the world like family.”
The Cargill company said it appreciates the engagement of the Attorney General’s office.
“The State of Oklahoma and local stakeholders in bringing this matter to a fair and reasonable resolution. We look forward to continuing to work and invest in Oklahoma,” a Cargill spokesperson said.
State Sen. Tom Woods, R-Westville, who recently held meetings with poultry growers in eastern Oklahoma, said the agreement puts the state a step closer toward ending the litigation.
“I am thankful eastern Oklahoma poultry producers can now confidently operate and expand their farms without fear of losing contracts or their income,” Woods said. “In numerous townhalls, discussions, and farm visits I held across Senate District 4, I heard serious concerns from hundreds of poultry farmers and families who feared losing their livelihoods due to the ongoing litigation in Oklahoma v. Tyson. The continued uncertainty threatened not just individual farms but also placed our rural communities at risk of economic downfall if poultry corporations were to cease operations in the state.”
Woods said the steps outlined in the settlements will help restore and protect the state’s natural resources and, at the same time, provide long-term certainty and stability for poultry producers across the region.
Echoing Woods, state Rep.
David Hardin, R-Stilwell, said the settlements bring long-needed clarity to the issue.
“They provide a framework to address water quality concerns in the Illinois River Watershed while also giving producers and integrators the stability they need to keep doing business in our state,” Hardin said. “Our poultry farmers are good stewards of the land. They’ve invested time and resources into modern practices, and they deserve a path forward that recognizes both environmental responsibility and the economic reality of raising food for our country.”
Hardin said he was hopeful the court would approve these agreements. “I also encourage continued efforts to reach resolution with the remaining integrators,” he said. “If that does not occur, I believe we should carefully consider alternative approaches that address water quality through a strong regulatory framework without jeopardizing the livelihoods of hundreds of family farmers in eastern Oklahoma.”
Not every state official, though, praised the deal.
While Republican Gov. Kevin Stitt said he was glad the Attorney General finally heeded his calls to get serious about negotiations, Stitt said he also feared the settlement may be too late.
“Now that Judge Frizzell has issued a summary judgment, these settlements could be at risk of being denied by the court,” Stitt in a media statement. “We need to remember who the real heroes of this latest settlement are: Oklahoma’s farmers and ranchers. We must all continue to fight the good fight until every single Oklahoma grower is protected and our agricultural communities have certainty.”
The settlements could spark the end of a 20-yearold fight between poultry companies and the state.
Oklahoma originally filed the lawsuits in 2005 under the direction of then-Attorney General Drew Edmondson, a Democrat. The lawsuits sought to hold major poultry companies accountable for polluting the Illinois River Watershed with phosphorus from poultry waste. In December, a federal court issued a judgment holding the poultry companies jointly responsible and requiring cleanup and waste application restrictions.
M. Scott Carter is an award-winning political and investigative reporter with more than 40 years’ experience