Cherokee Nation blocked from joining poultry pollution case

U.S. District Judge Gregory K. Frizzell explained in his bench ruling that if he allowed the tribe's request, it would likely trigger more than a four-month delay in the case, as new motions are filed with the court from both parties.

Frizzell, acknowledging there was "no perfect resolution to this issue," said the nation could still bring a separate lawsuit against the companies. Diane Hammons, Attorney General for the nation, said the tribe planned to appeal.

The jury trial is set to start Monday and could last two months. Pretrial settlement talks between Oklahoma and the industry appeared to have fizzled in recent weeks. The case has drawn national attention because it could lead to similar lawsuits across the country challenging how the poultry industry does business.

Oklahoma Attorney General Drew Edmondson sued the companies in 2005, claiming that the estimated 345,000 tons of chicken waste produced in the Illinois River watershed each year has wreaked environmental havoc on the land.

The state claims that runoff carries bacteria into lakes and streams and threatens the health of tens of thousands of people who boat and camp in the river valley every year.

The 1 million-acre watershed spans parts of Oklahoma and Arkansas and is dotted with 1,800 poultry houses, most in Arkansas. The area is among the largest in the U.S. for producing broilers, or birds raised for meat, and more than 55,000 people Oklahoma and Arkansas work for the industry.