Judge denies halt on poultry waste
Judge denies halt on poultry waste

By Jim Stafford

Published: September 30, 2008

The state of Oklahoma's bid for an injunction to halt the spread of poultry manure inside the Illinois River Watershed has been denied by a federal judge in Tulsa.

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Judge Gregory K. Frizzell of the Northern District of Oklahoma, issued a ruling Monday that the state had not met its burden of proof that bacteria in the waters of the Northeastern Oklahoma watershed are caused by the application of poultry litter rather than by other sources.

"The evidence produced to this Court reflects that fecal bacteria in the waters of the IRW come from a number of sources, including cattle, manure and human waste from growing number of human septic systems in that area's karst topography,” Frizzell wrote in the conclusion of a 10-page ruling.

Frizzell ruled on an injunction request that was heard in a nine-day hearing in February and March. The request for an injunction to halt the spread of manure in the watershed was filed by Attorney General Drew Edmondson as part of a lawsuit the state filed against the poultry industry in 2005.

Edmondson said the ruling would have no impact on the state's pollution case against 13 poultry companies.

A trial in that case is expected next summer in the multi-million-dollar lawsuit.

"We will now focus our efforts on preparing for trial next year,” Edmondson said.

Poultry industry spokeswoman Jackie Cunningham said the state's Poultry Community Council was pleased with the ruling.