TULSA — A federal judge on Wednesday denied an attempt by the state of Arkansas to intervene in Oklahoma’s pollution lawsuit against eight poultry companies.

U. S. District Judge Gregory Frizzell’s denial came, however, with words of encouragement for Arkansas Attorney General Dustin McDaniel and his chief deputy, Justin Allen. Frizzell told McDaniel and Allen to monitor the lawsuit and file friend-of-thecourt briefs if they believe Arkansas’ written, legal comments are important to specific issues.

“We want to get in on the front end,” Allen told Frizzell regarding the motion to intervene that was filed in May 2006. “That’s why we are here today. It’s better safe than sorry.”

Allen said the federal court in Tulsa has jurisdiction in the lawsuit filed by Oklahoma Attorney General Drew Edmondson in June 2005 against poultry companies with operations in Arkansas.

In his decision, Frizzell said Arkansas’ interest can be protected later and the state can ask to enter the case if it moves on to a U. S. Court of Appeals or the U. S. Supreme Court.

Edmondson, who didn’t attend Wednesday’s federal court hearing, released a statement late Wednesday, saying he was pleased with Frizzell’s decision.

“The parties in this lawsuit are the state of Oklahoma and the poultry companies, who we allege are polluting our waters with their waste,” Edmondson said in the statement. “We did not sue Arkansas and we did not sue one single farmer.”

Edmondson’s lawsuit accuses the companies of polluting the Illinois River watershed with poultry litter. Springdale-based Tyson Foods Inc., the world’s largest meat company, is among the defendants.

The Illinois River begins in Washington County near Hogeye. About 45 percent of the 1, 645-square-mile watershed is in Arkansas. The 99-mile-long river crosses into Oklahoma south of Siloam Springs and eventually empties into Lake Tenkiller near Tahlequah. Edmondson blames poultry litter, which is spread by farmers on fields to fertilize crops, for polluting the river and harming aquatic life in the lake.

The companies named in the suit also include Cargill Inc. of Minneapolis; Cobb-Vantress Inc. and Simmons Foods Inc., both of Siloam Springs; George’s Inc. of Springdale; Tyson Foods; Peterson Farms Inc. of Decatur; Willow Brook Foods of Springfield, Mo.; and Cal-Maine Foods Inc. of Jackson, Miss.

As Arkansas attorney general, Mike Beebe, now governor, asked the U. S. Supreme Court in November 2005 to take the federal case as a dispute between states. He accused Oklahoma of trying to impose its state laws on Arkansas companies. Beebe said the suit threatened state sovereignty.

Most cases evaluated by the Supreme Court are first considered in state and federal courts. An exception in the Constitution allows the high court to take up disputes between states. The Supreme Court in February 2006 denied Arkansas’ request.

“The Supreme Court can always reconsider,” Frizzell said.

After Wednesday’s court appearance, McDaniel said his preference would have been for the state to work as a third party in the case.

“We thought it was important to be involved,” he said. “We felt the people of Arkansas had a specific view that’s separate from the poultry defendants that’s important.”

Arkansas previously argued the watershed pollution dispute didn’t belong in court. Beebe and other Arkansas officials said the issue should be considered by the Arkansas-Oklahoma Arkansas River Compact Commission, an entity created by Congress in 1973 with three representatives from each state. The group meets once a year to discuss water quality and water quantity issues.

Edmondson said the compact commission wasn’t an appropriate place to address such an important watershed pollution matter.