Judge sides with state in poultry case

By Chad Previch
The Oklahoman

TULSA - A judge's ruling Thursday put state officials a step closer to collecting soil, water and chicken litter samples from farms for a lawsuit against the poultry industry.

Magistrate Sam Joyner in U.S. District Court ruled state officials have the right to collect evidence in its ongoing lawsuit. Oklahoma Attorney General Drew Edmondson called it a victory for the environment.

"I fully expect the industry to do all they can to delay this litigation and delay this discovery," Edmondson said. "Obviously the legal battles are not over, (but) I believe we'll be in the field before the spring rainy season is over."

The attorney general said any attempt to delay the process would be inconsistent with the industry's claim that it isn't responsible for pollution.

Joyner said investigators must take precautions to ensure they don't contaminate any flocks. Edmondson said he expected biosecurity plans would be submitted by today.

In June, the attorney general sued 14 poultry companies he said were polluting state watersheds. He said chicken litter applied as fertilizer by Oklahoma farmers working for Arkansas companies is polluting water.

He said poultry practices in northwestern Arkansas also affect Oklahoma's water quality.

Interpretations differ
Scott McDaniel, a Peterson Farms Inc. attorney, said the ruling proves Edmondson does not have the evidence he claims shows farmers are polluting water.

He said it allows farmers to individually protest to the court to not allow soil sample collections on their land.

Joyner said the poultry industry can still object when the state files to collect an operation's soil. He said he made the ruling Thursday because it's part of discovery in a lawsuit.

"This is the proper part of the discovery and should proceed in this case just like in any other case," he said after the decision.

Edmondson said he hopes the ruling allows the state Agriculture, Food and Forestry Department to collect samples during the spring rainy season and early summer. He said that's when the water is most polluted from runoff.

"The corporate polluters have attempted to delay at every turn but their efforts failed today," he said. "They should be insisting on these kinds of tests, not hiding from them."

But Al Saunders, a poultry farmer in Colcord, said the state will be allowed on his land only with a warrant.

"I haven't got anything to hide," he said. "But would he let me come in his house and take samples or in his yard and take some samples? It's just a privacy issue. I'll let come on my property who I want to come on my property."