The state argued that it should be considered solid waste, which is subject to regulation.
DISAPPOINTED
Attorney General Drew Edmondson: "It's been two good days for the polluters and two bad days for the watershed."
By OMER GILLHAM World Staff Writer
Published: 12/16/2009 2:23 AM
Last Modified: 12/16/2009 4:35 AM
A federal judge ruled in favor of several poultry companies Tuesday by throwing out the state's claim that poultry litter is solid waste as defined by federal statute.
A trial in the state's poultry pollution lawsuit continued Tuesday in U.S. District Judge Gregory Frizzell's Tulsa court.
The state rested its case Monday.
Frizzell considered several motions by defense attorneys for Tyson Inc. and other poultry companies.
The defense team argued that the state had not proven its case of phosphorus pollution nor its possible causes if such pollution existed.
In response to a defense motion, Frizzell ruled against one of the state's claims, that poultry litter is solid waste as defined by the federal Resource Conservation and Recovery Act. The law governs the handling of solid waste and hazardous waste.
Oklahoma Attorney General Drew Edmondson said Frizzell's ruling struck a heavy blow to one of the centerpieces of the state's lawsuit against 11 poultry companies.
He called Frizzell's decision to throw out the state's Resource Conservation and Recovery Act argument "a serious matter."
"It's been two good days for the polluters and two bad days for the watershed," said Edmondson, who attended the trial Tuesday.
Frizzell said in his ruling that the Resource Conservation and Recovery Act standard addresses material that is discarded, thrown away or abandoned. To say that poultry litter is merely being thrown away is not accurate, he said.
Edmondson said his office
would appeal that decision.
Frizzell also ruled that the state had established its right to enforce
trespassing laws on the Illinois River watershed in eastern Oklahoma.
That means that the state's case will remains alive if it can convince
the judge that the poultry industry is at fault for increased amounts of
phosphorus that allegedly causes harm to the Illinois River watershed
and its waterways.
Proceedings in the lawsuit will continue Wednesday.
The state will continue to respond to various motions that Frizzell is
expected to consider this week.
Oklahoma is suing the poultry companies, claiming that they are legally
responsible for the handling and disposal of poultry waste that the
state says has damaged portions of the Illinois River watershed.
The trial began in late September. Providing that Frizzell does not
throw out the state's case, the poultry companies' defense team could
begin presenting its case this week.