OKLAHOMA CITY – Six of the poultry companies involved in a 20-year pollution battle against the state have filed an appeal with U.S. Court of Appeals for the 10th Circuit in Denver.
The appeal, dated Jan. 2, was filed by Tyson Foods, Peterson Farms, Cargill, Cal-Maine Foods, Simmons Foods, and George’s. Court documents show no arguments have been filed in the case yet.
U.S. District Judge Gregory Frizzell in December issued a 33-page order that the companies should be held financially responsible for the phosphorus pollution in the Illinois River watershed in eastern Oklahoma. The order also requires companies to pay for the cleanup and imposes strict restrictions on waste application practices.
The state’s original 2005 lawsuit, filed by then-Attorney General Drew Edmondson, accused the companies of polluting the Illinois River watershed with poultry waste, which is high in phosphorus.
Phosphorus, when in water and exposed to heat, creates blue-green algae, which is harmful to both humans and animals. The phosphorus also contaminates aquifers and drinking water.
Frizzell ‘s order also requires the appointment of a special master to oversee the judgment. Under the order, poultry companies will be jointly liable for paying for the costs of remedial investigation, planning, implementation, and monitoring. The special master will serve for at least 30 years.
The order also requires the companies to pay for the special master and contribute to an evergreen fund. The starting balance of the evergreen fund will be $10 million.
The lawsuit also spared a political fight between Gov. Kevin Stitt and the attorney general. In late November, Stitt sent the attorney general a letter urging him to change course in the long-running case of State of Oklahoma v. Tyson Foods Inc., and “calling for a commonsense settlement that protects both the environment and Oklahoma’s food producers.”
In his letter, Stitt said the current litigation strategy creates severe uncertainty for family farmers and putting Oklahoma’s local food supply at risk.
“As we approach Thanksgiving, Oklahomans are reminded not only of our shared blessings but also of the rising cost of food and the importance of safeguarding our domestic food supply,” Stitt wrote.
The Attorney General’s office said Stitt “cherrypicked” language from a recent Oklahoma Supreme Court decision to justify his involvement.
Since then, other state officials, including Senate Pro Tempore Lonnie Paxton have travelled to eastern Oklahoma to meet with poultry farmers. Paxton and other lawmakers have pushed for continued negotiations. Paxton said he was concerned by how the lawsuit would impact hundreds of Oklahoma poultry growers.
“On its current trajectory, this 20-year-old lawsuit is going to cause immeasurable harm to eastern Oklahoma,” Paxton said in a media statement. “I met with dozens of Oklahomans who stand to lose generational farming operations and face insurmountable debt if a successful resolution isn’t reached. It is heartbreaking to hear their stories and look them in the eye as they face the possibility of losing everything. I am committed to doing everything possible to collaborate with everyone involved to ensure a solution. In the near term, I strongly encourage all parties to come to the area, see firsthand the impact these decisions will have, speak with the families affected and find a path forward that allows them to continue their way of life.”