Deadline Extended For Lawsuit On Poultry Waste Flowing Into Illinois River

Oklahoma Attorney General Gentner Drummond asked a Federal Judge for more time to negotiate a settlement between the state and a consortium of poultry companies.

The state filed suit in 2005 claiming the companies were responsible for pollution in the Illinois River and Lake Tenkiller, by the distribution of chicken waste onto land for fertilizer.

Judge Greg Frizzell ruled for the state in January and gave the sides until March 17 to reach an agreement on damages and industry procedures to prevention further pollution.

At Drummond’s request, Frizzell extended the deadline 90 days. Drummond said in court he was “absolutely content” the group was in productive conversations and would either reach an agreement, or not, within 90 days. If the parties cannot agree, the Judge will decide the next steps.

Frizzell said in court on a recent trip to Bentonville, he noticed “ample litter being spread," notably on steep slopes where it’s not allowed, and told the plaintiffs “some agreement to truck out substantial portions (of the litter) ought to be in play.”

Frizzell said if he could order the attorneys to put on muck boots and clean the algae from Lake Tenkiller, he would.

The lawsuit was originally filed by then-Attorney General Drew Edmondson in 2005, who noted at the time there were more than 300 chicken houses in the watershed.

Drummond said he expected the state would expend hundreds of hours in negotiations over the next two months, and spend May finalizing the terms of an agreement, which he said would have two elements: “One is remediation, and two is a new protocol going forward so we can minimize poultry litter going into the Illinois River watershed.”

Cherokee Nation Attorney General Sara Hill was also present for the hearing, and Drummond said the Nation would be part of the settlement between the state and the poultry companies.