Judge Extends Time State Can Be On Farms To Test Soil
Poultry Growers Ask Judge To Reconsider Soil Sample Ruling
By John L. Moore
The Morning News

A federal judge authorized soil testers to return again and again to farmers’ property to take samples in a lawsuit involving the poultry industry and pollution of the Illinois River watershed.

Oklahoma Attorney General Drew Edmondson sued the poultry companies last June for pollution of the Illinois River. This spring he asked a federal judge to allow him to test soil, groundwater, stormwater runoff and poultry litter on 20 farms in Oklahoma.

Testing was expected to begin today.

Federal Magistrate Sam Joyner’s original order at the end of May allowed soil sampling crews to enter the property “one time” for the collection of soil samples, but Oklahoma Attorney General Drew Edmondson asked for “one time” to be clarified.

“With regard to soil samples, Plaintiff (Oklahoma) is permitted to enter and leave the property, as necessary, beginning with the first date of entry and proceeding on subsequent contiguous days until the necessary soil samples are obtained,” Joyner said in the supplemental order.

Joyner also said that testing could extend into the night if needed.

“They just keep stretching it out and stretching it out. The borders of this keep growing,” said Bev Saunders, a representative of Poultry Partners Inc. and a poultry farmer whose farm is scheduled to be tested.

Charlie Price, a spokesman for Edmondson’s office, said the state will follow the procedures for testing outlined in the judge’s order and will continue until the sampling is done. Price declined to comment on whether testing had begun or how long the process might take.

The farms are being tested to gather evidence against the poultry companies, but poultry growers have not been named as defendants in the lawsuit.

Testers could also come back for groundwater testing and then up to four more times for testing stormwater runoff during rain storms and to collect poultry litter samples from poultry houses when birds are not present, according to the judge’s order.

If the collection is taken when birds are present in the houses, then that sample is to be collected during one of the soil sample tests, according to Joyner’s order.

“It’s one of those things where the judge made the ruling and we’re going to abide by it. We are not going to have any further comment at this time,” said Janet Wilkerson, a spokeswoman for the poultry companies.

A separate motion by attorneys for the poultry growers also asks Joyner to once again consider the relevance of the samples for evidence in the lawsuit and the “taking of property” that occurs from collection of the samples.

Efforts to contact attorneys for the growers were not immediately successful Monday.

The state will be prepared to respond to those issues as needed, Price said.