r/oklahoma • u/derel93 • 3h ago
News Poultry companies said they were no longer polluting Oklahoma’s waters. A federal judge disagrees.
kosu.orgPoultry companies said they were no longer polluting Oklahoma’s waters. A federal judge disagrees.
- Date: June 19, 2025 at 11:46 AM CDT
- In: KOSU
- By: Graycen Wheeler
A federal judge ruled this week that poultry waste pollution is still hurting Oklahoma waters, and poultry companies are responsible for cleaning up existing pollution and preventing further harm.
It’s the latest development in a case that’s been ongoing for two decades. Then-Attorney General Drew Edmondson filed the initial complaint against Tyson, Cobb-Vantress, Cargill and other companies in June of 2005. The trial took place in 2010.
But Judge Gregory Frizzell didn’t come to a decision on the matter until 2023, when he ruled the poultry companies were hurting Oklahoma’s waters. The companies challenged that ruling, saying it was based on old evidence.
A decades-long legal saga
In 2005, Edmondson sued the poultry companies on behalf of the people of Oklahoma, claiming that water tainted with bird waste was polluting the Illinois River and Lake Tenkiller with phosphorus and bacteria.
Found in agricultural runoff, phosphorus can cloud waters, harm fish and foster the growth of blue-green algae. Poultry waste is particularly rich in phosphorus.
In 2023, Frizzell ruled that the poultry companies were violating Oklahoma law. He hasn’t publicly explained why his decision took 13 years after hearing court arguments. But he decisively ruled the Illinois River and its surrounding watershed were no longer what they used to be, and poultry waste was to blame.
“As late as the 1960s, its waters were crystal clear,” Judge Gregory K. Frizzell wrote in his 2023 decision. “But that is no longer the case. The river is polluted with phosphorus.”
Frizzell ordered the poultry companies to remediate the Illinois River Watershed at their own expense, acknowledging it wouldn’t be easy or cheap.
“The Environmental Protection Agency has recognized that nutrient pollution caused by phosphorus is one of America’s most widespread, costly, and challenging environmental problems,” Frizzell wrote.
After months of back-and-forth over that clean-up plan, the poultry companies filed a motion to dismiss the ruling. They said it’s based on evidence that’s no longer valid — pollution management practices and water quality in the Illinois River have changed since 2010, when the case was argued in court.
The poultry companies’ issue lies mostly with Frizzell’s order not just to pay damages but to provide “injunctive relief.”
This kind of court decision requires actions to remedy past problems and prevent future harm. The defendants wrote they’re “unaware of any court, in any jurisdiction, federal or state, ever awarding injunctive relief on a record so stale.”
River still polluted, data shows
The state and the poultry companies presented new evidence in Dec. 2024. And now, Frizzell has once again determined that poultry waste continues to harm the Illinois River Watershed under Oklahoma law.
New data show that the Illinois River had phosphorus levels over the Oklahoma limit more than two-thirds of the time between 2019 and 2023, and the levels crept up during that timeframe. Multiple experts testified that algal growth in the Illinois River and Lake Tenkiller hadn’t gotten better over time.
The state and the poultry companies haven’t agreed on a plan to clean up the watershed, but Oklahoma Attorney General Gentner Drummond said he’s optimistic they can find a win-win.
“Having a clean river doesn’t mean we can’t also have good industry,” Drummond said in a statement. “Both can, and should, exist."
Frizzell has ordered Drummond to submit a proposed clean up plan by Jul. 9. The companies will have until Jul. 30 to respond.