The Cochran Firm Legal Blog

Oklahoma has sued 14 poultry companies in both Oklahoma and Arkansas over pollution of the Illinois river watershed. That watershed is shared by the two states and Oklahoma’s attorney general, one Drew Edmondson, claims that phosphorous from poultry litter runoff has stimulated the growth of algae, depleted oxygen and could kill certain types of fish.

Green is Good?

As a college student, he says, he was able to stand in the Illinois river up to his chest and see his toes.

• "I've seen it change," Edmondson says. "It's nice to have green land. It's not so nice to have green rivers."

Green land is what poultry farmer Gene Pharr claims credit for, saying that the chicken droppings that were spread in the Ozarks have created a lush green area; and further, of course, that the poultry industry has brought a lot of prosperity to northwestern Arkansas.

If the poultry industry is targeted by attorneys who put chicken waste on the same level as industrial solvents or pesticides, says Pharr, “We could see the loss of this industry to this country.” Pharr has 125,000 chickens, which is a fraction of the area’s $2 billion industry.

Poultry Partners

The poultry farmers have joined together in a group called Poultry Partners to help each other. The lawsuit was filed June 13 and seeks money to clean up the river. Plaintiff lawyers are from a South Carolina firm that filed lawsuits against tobacco companies.

• "The poultry industry is not the tobacco industry, and poultry litter is not a hazardous waste," says Janet Wilkerson of Peterson Farms, a spokeswoman for the companies.

The Arkansas farmers are asking why, instead of suing them, Oklahoma doesn’t seek more regulations. In their view, any money available should be spent on better ways to use poultry waste, such as in generating electricity or composting.

The lawsuit has been creating bad feelings between the two states. According to the lawsuit, Oklahoma has 508 chicken farms in the Illinois river watershed whereas Arkansas has 2,363. Between them, they are adding phosphorous waste equivalent to what 10.7 million residents would add per year. Defendant lawyers claim that the water pollution is caused by twelve wastewater treatment plants in the area and by runoff from local cattle waste.

Edmondson is targeting the chicken companies, rather than the farmers, for money to finance a cleanup. However, one Bev Saunders, who, with her husband, raises broiling chickens in Oklahoma, says:

• "If the companies don't survive, we don't survive. If we don't survive, it could have a drastic impact on America's food supply."

There are many lawsuits nationwide over perceived harm done by farmers, such as the odor from hog farms and the waste from dairy farms. This suit will play itself out, like all lawsuits, and no doubt, somehow, the Illinois river will end up being clean again.

If you have been hurt by the way someone else maintains their property, you could have a valid premises liability claim. To learn more about your legal position, please contact our office for a free case review.

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