Attorney Ken Williams asked U.S. Magistrate Sam Joyner not to let Edmondson conduct soil and water sampling at 22 eastern Oklahoma farms. Attorneys for industry giant Tyson Foods and other companies also want Edmondson's subpoenas quashed.

Joyner heard three hours of arguments but didn't rule on the request. A decision is expected next week.

The lawsuit, filed in June 2005 against 14 poultry companies, has attracted just about every aspect of the poultry industry in Oklahoma and Arkansas, where Tyson is based.

The list of parties covers more than 60 pages in court filings. A single-spaced list of attorneys covers six pages. More than 20 attorneys packed the courtroom Wednesday.

Referring to the ever-growing stack of filed documents, Joyner said, "Obviously this case is becoming a tar baby."

The crux of the issue, he said, "is what happens to chicken stuff when it rains."

'A leap in logic'
Edmondson wants to compare samples of soil, groundwater and runoff water collected at poultry farms with samples taken from the Illinois River and other watersheds. He says chicken litter has increased the water's phosphorus and nitrogen levels.

Williams called that argument a leap in logic.

"Just because you see phosphorus doesn't mean it came from these farms," he said.

Tyson Foods lawyer Robert George said the state is asking Joyner "to take them at their word" that chicken farms are responsible.

Williams called Edmondson's sampling request "a fishing expedition" and an assault on his clients' property rights. That drew a sharp response from Louis Bullock, one of several private-practice attorneys representing the state on a contingency basis.

"Getting this information will show that a crime exists," Bullock said.

Williams said if Joyner allows the sampling, he should require the state to file an eminent-domain action or post a bond to cover possible property damage or the spread of bird disease between farms.

Rainy season critical
Among the farms where samples are sought is one owned by Tyson between Watts and Westville in Adair County. Each of 30 houses contains roughly 20,000 chickens, attorneys said.

Edmondson issued the subpoenas last month. His office says it is critical to obtain the samples before June 30, when the rainy season ends.

If Joyner approves the subpoenas, Bullock said, the state will agree to several of the poultry industry's conditions, such as the right to be present when the samples are collected.

Bullock said sample collectors also will wear protective clothing including a mask and two coverings over each boot.

However, he said the industry's fears of spreading disease "is really a lot of noise ... that's not real."