A federal judge’s ruling in Oklahoma’s more than 20-year lawsuit against several poultry companies accused of polluting rivers and streams held the firms responsible for the pollution of the Illinois River in the eastern part of the state.
The ruling by U.S. District Court Judge Gregory Frizzell was against Tyson Foods, Simmons Foods, Cobb-Vantress, Cal-Maine Foods, Cargill, George’s Farms, Peterson Farms and related firms. The judge’s decision came in the lawsuit that was originally filed in 2005 after environmental studies showed the application of phosphorus-rich poultry waste eventually polluted the Illinois River.
Judge Frizzell’s ruling came two years after he ordered all sides to negotiate a settlement. The parties did not reach a settlement and he decided to issue a 33-page judgment.
“The issues having been duly tried and the court having entered its findings of fact and conclusions of law, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment shall be and is hereby entered in favor of the State and against the Defendants on the State’s claims of statutory public nuisance, federal common law nuisance, trespass, for violation of 27A Okla. Stat. § 2-6-105, and for violation of 2 Okla. Stat. § 2-18.1,” he wrote in his order.
The judge also chose against issuing an injunction in the lawsuit.
“As for whether the injunction, if issued, will adversely affect the public interest, the court finds and concludes that it will not. Though defendants call attention to the vested business interests of themselves, their contract growers, cattlemen, and hay farmers in the outcome of this litigation, both they and the public at large have an interest in the enforcement of the environmental claims on which the State has prevailed.”
Judge Frizzell also ordered a remedial investigation by a court-appointed master to assess the status of the Poultry Waste pollution in the affected area which involves more than one million areas in northeastern Oklahoma and northwestern Arkansas. The affected area of Oklahoma involves Adair, Cherokee, Delaware and Sequoyah Counties.
Oklahoma sought millions of dollars in penalties against the poultry companies.
“The State’s proposal would result in the following maximum possible penalties against each Defendant: (1) Tyson Defendants – $28,910,000.00 for the period from July 14, 1997 to June 13,2005; (2) Cargill Defendants – $23,690,000.00 for the period from December 18, 1998 to June13, 2005; (3) George’s Defendants – $5,230,000.00 for the period from January 7, 2004 to June13, 2005; (4) Simmons – $27,160,000.00 for the period from January 5, 1998 to June 13, 2005;and (5) Cal-Maine – $18,270,000.00 for the period from September 11, 1998 to September 11,2003.Case 4:05-cv-00329-GKF-SH Document 3192 Filed in USDC ND/OK on 12/19/25,” as cited by the judge.
But he lowered the fines and penalties for certain levels of pollution found in some farm fields.
Tyson Foods, Inc. – 16 violations, resulting in a penalty of $160,000.00.
Cobb-Vantress – 3 violations, resulting in a penalty of $30,000.00.
Cargill Inc. – 6 violations, resulting in a penalty of $60,000.00.
George’s, Inc. – 1 violation, resulting in a penalty of $10,000.00.
Simmons – 9 violations, resulting in a penalty of $90,000.00
Cal-Maine – 7 violations, resulting in a penalty of $70,000.00
The ruling prompted a quick response from Attorney General Gentner Drummond, who is also a candidate for Governor.
“This judgment has significant ramifications for the industry. These consequences underscore why we have focused on the importance of negotiations with the poultry companies before getting to this point,” Drummond said in a statement released by his office.
“A robust poultry industry and clean water can and must coexist. I remain committed to working with the poultry companies toward a resolution. I can help facilitate negotiations that achieve cleanup of the watershed while supporting Oklahoma farmers. Let’s find a path forward together. I fervently believe there are solutions that will clean up our water while ensuring a strong and enduring poultry business in Oklahoma.”
The poultry companies can appeal the judgment decision and face years of costly litigation and uncertainty or meet the State at the negotiating table. A settlement agreement could address the cleanup requirements while giving all involved parties more flexibility and certainty.
Key aspects of the judgment include:
Remediation:
- Remediation will be conducted in a phased approach under the oversight of a special master.
- The defendants are joint and severally liable for paying for the remediation, including costs of remedial investigation, planning, implementation and monitoring.
Special master and watershed monitoring team:
- The Court will appoint a special master to oversee the Judgment.
- The special master will retain technical experts, order testing, prepare reports, prepare remediation plans and retain a Watershed Monitoring Team to inspect farms, land application sites and relevant records.
- The special master will provide reports available on the court docket.
- The special master will serve for at least 30 years.
- The defendants will pay for the special master. In addition, defendants will pay into an evergreen fund lasting at least 30 years. The starting balance of the evergreen fund is $10 million.
- The special master is entitled to judicial immunity.
Restriction on land application of poultry waste:
- Effective immediately, an injunction is in place setting a restriction of 120 pounds per acre STP to provide for land application of poultry waste in the IRW.
- The application rate is limited to two tons or less of poultry waste per acre.
- The defendants will hold the contract growers harmless for the costs of handling the poultry waste and for any loss of income that may be attendant to the defendant taking over the responsibility for safe disposal of the poultry waste.
Penalties and attorneys fees:
- The Court awarded a total of $350,000 in penalties.