Agency Heads Ask Beebe To Intervene In Poultry Lawsuit
By John L. Moore
The Morning News

Arkansans' rights need to be protected from Oklahoma officials who want to test soil on farms, said the directors of two state agencies.

Marcus Devine, head of the Arkansas Department of Environmental Quality, and Randy Young, head of the state's Natural Resources Commission, sent a joint letter to Arkansas Attorney General Mike Beebe on Friday asking him to try again to step into the legal fight between Oklahoma and 14 poultry companies.

A federal magistrate granted Oklahoma Attorney General Drew Edmondson permission Thursday to test soil, water runoff and poultry litter on poultry farms. The tests would be a part of the evidence gathering in the case Edmondson filed in June claiming poultry litter is polluting the Illinois River watershed.

"The Oklahoma Attorney General's actions yesterday (Thursday) in his crusade against agriculture make it clear that he intends to carry his fight beyond the large poultry companies to the individual Arkansas landowner," Devine and Young stated in their joint letter.

The letter protests Edmondson entering the private property of Arkansas citizens to take soil and water samples. Devine and Young said Arkansas has worked in good faith with Oklahoma through the Arkansas River Compact Commission and have taken steps to reduce phosphorus levels by more effective wastewater treatment and regulation of the application of commercial fertilizer and poultry litter in watersheds.

"Attorney General Beebe and other members of our office have met with (Arkansas) Gov. Mike Huckabee and the heads of the agencies who wrote the letter and we're continuing to discuss all options to continue to help protect the interest of Arkansas farmers and the state, including the possibility of intervening in the case," said Matt DeCample, a spokesman for Beebe.

Edmondson sued the poultry companies, but did not name individual farmers or landowners in the suit.

"Right now, only Oklahoma and the poultry companies have a voice in the lawsuit. The people of the State of Arkansas are not represented. We need an advocate who can demonstrate that we have passed laws and taken on enormous financial burdens to improve water quality. Individual landowners whose rights to use their property in an economically and environmentally responsible manner especially need a voice in the case," Devine and Young said.

Charlie Price, a spokesman for Edmondson's office, said the judge's ruling allows Oklahoma to begin the discovery process, but separate legal proceedings will still need to be held to determine taking samples on private property in Arkansas and Oklahoma.

"This is obviously another coordinated effort by the poultry companies and Arkansas agencies to delay our efforts to protect Oklahoma's natural resources and the health of our citizens. It's disappointing but not surprising the Arkansas officials do not share those concerns," Price said in a news release.