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Poultry Pollution Lawsuit Split
This article was published on Thursday, September 21, 2006 11:20 PM CDT in News By John L. Moore The Morning News, Sept. 22; A federal judge has given 73,000 potential defendants in the Illinois River watershed a break, for now.
- A federal judge has given 73,000 potential defendants in the Illinois River watershed a break, for now.
U.S. Magistrate Judge Sam A. Joyner split a closely watched pollution lawsuit Thursday. He separated claims the poultry companies filed against 160 businesses and individuals and 150 "John Doe" defendants in the watershed from the main case filed by Oklahoma Attorney General Drew Edmondson.
Edmondson sued eight poultry companies and six of their subsidiaries in June 2005 claiming they are most responsible for excessive levels of phosphorus and pollutants in the river basin and should pay to clean it up.
Poultry companies responded by filing their own claim against third-party groups that may contribute phosphorus to the Oklahoma half of the watershed through the use of commercial fertilizer, septic systems or municipal wastewater treatment plants.
"Despite the fact that there are hundreds of operations of every stripe within the watershed and that Oklahoma state agencies have already established programs for enforcing environmental regulations in the watershed to address all potentially significant contributors, Mr. Edmondson has decided to target only the poultry industry," said Janet Wilkerson, a spokeswoman for the poultry companies.
"However, Mr. Edmondson's position is not supported by science or common sense," Wilkerson said.
Joyner said that the third-party complaints would unduly complicate the main case. However, he did not dismiss the third-party claims, but put them on hold until the main case is finished.
"Defendants (poultry companies) at oral argument additionally noted other potential contributors of contaminants in the Illinois River Watershed in excess of 73,000," Joyner said.
Earlier this summer, Edmondson argued that the two issues should be separated.
"Once again, their scheme to delay, confuse and complicate this case has failed," Edmondson said Thursday.
The poultry companies will be allowed to proceed with limited discovery of information from the third-party groups, allowing the companies to defend themselves and to leave the door open for future lawsuits against the third-party groups, Wilkerson said.
Jack Freeman, a Tulsa attorney whose firm represents about half the third-party defendants, said the ruling was important for his clients.
"The benefit for us is that we don't have to be caught in the middle of this fight between the Attorney General (Edmondson) and the poultry companies," he said. "We're going to be observers in this for now and see where the chips fall at the end of this thing."
The primary issue in the lawsuit is excessive amounts of phosphorus, although other pollutants are also cited. Poultry litter spread on area fields contains phosphorous and other nutrients vital to plant growth. Edmondson claims the litter is running off those fields into the river.
Phosphorus, necessary for healthy water ecosystems, can cause rampant algae growth in excessive amounts. The algae can degrade water quality and kill other aquatic life.
The poultry companies have offered to take several steps to reduce the impact of land-applied poultry litter on streams, but have resisted Edmondson's call to pay damages.
MANDATORY BREAKOUT:
At A Glance
Poultry Suit Timeline
June 13, 2005 -- Oklahoma Attorney General Drew Edmondson files suit against eight poultry companies and six subsidiaries claiming the companies are most responsible for excessive nutrients and pollution in the Illinois River watershed.
Aug. 18, 2005 -- Negotiation between Edmondson and the poultry companies breaks down.
Oct. 4, 2005 -- Poultry companies file third-party claims against more than 150 individuals and businesses in the watershed. Companies argue that plant nurseries, municipal sewage plants and others are also to blame for phosphorus problem.
March 24 -- Federal Magistrate Judge Sam Joyner allows Edmondson onto farmers' fields to sample soil, water runoff and chicken litter for nutrients and other pollutants
Sept. 21 -- Joyner splits third-party claims from main lawsuit and suspends proceedings on that lawsuit until Edmondson's suit against poultry companies is finished.