Judge: Okla. can't seek damages in poultry suit
By JUSTIN JUOZAPAVICIUS – 14 hours ago
TULSA, Okla. — Oklahoma can't pursue monetary damages in its environmental lawsuit against a dozen Arkansas poultry companies because it didn't name the Cherokee Nation as a plaintiff, a federal judge ruled Wednesday in a major blow to the state.
Oklahoma had hoped to collect more than $611 million from companies it claims polluted the Illinois River watershed with bird waste.
But the 1-million-acre river valley lies in an area set aside by the federal government for the Cherokee Nation, and Oklahoma doesn't have the authority to seek damages on the nation's behalf, U.S. District Court Judge Gregory K. Frizzell ruled.
He said the state could continue to pursue the lawsuit to stop poultry companies from disposing of what Oklahoma claims are excessive amounts of chicken waste on farmland in the watershed.
Oklahoma Attorney General Drew Edmondson, who filed the lawsuit in 2005, said it was never about the money but protecting the watershed from pollution.
"If we prevail ... at trial, we accomplish our goal of stopping these companies' reckless waste dumping practices," he said. Read More
Drew Edmondson keeps running into roadblocks in his quest to eliminate chicken production in Arkansas. Some speculated that his original intent was to make a name for himself so he could run for Governor anyhow. While he has made a name for himself, it’s not one that has necessarily been good. He seemed willing to put over 55,000 farmers out of business for his own personal gain. Not exactly the type of person you would want running a state. The fact of the matter is that these chicken houses follow the strict guidelines and regulations that go along with operating a chicken house. These measures are meant to protect the environment and the farmers themselves. Edmondson was simply looking for some low hanging fruit to munch down.
Showing posts with label Drew Edmondson. Show all posts
Showing posts with label Drew Edmondson. Show all posts
Thursday, July 23, 2009
Tuesday, March 17, 2009
Don't Blame the Chickens
Poultry Council Pleased After E. Coli Results Released
posted 4:28 pm Thu March 12, 2009 - Tulsa
A spokesperson for the Poultry Community Council says she is pleased but not surprised tests show the E. coli found in Locust Grove well water was not the same strain linked to one man's death.
Jackie Cunningham responded Thursday, a day after the Centers For Disease Control released its findings, saying that the E. coli found in well water tests last month showed three different types of E. coli in the water, but not the E. coli 0111 strain that led to three hundred people becoming sick, including one man who died.
"Their science-based research validates what we have contended all the time -- that there is no connection between poultry litter and the unfortunate E. Coli outbreak in Locust Grove last year," Cunningham said. Read More
After the OK Attorney General insisted that agriculture, and specifically poultry farmers, was responsible for an E. coli outbreak, the science has failed to agree with him. Edmondson has been going after poultry producers for a years now and has yet to win in a courtroom or a science lab. Manure must be handled correctly, but it is not toxic waste like he would like people to believe. It is a valuable resource for the nutrients required to grow food.
posted 4:28 pm Thu March 12, 2009 - Tulsa
A spokesperson for the Poultry Community Council says she is pleased but not surprised tests show the E. coli found in Locust Grove well water was not the same strain linked to one man's death.
Jackie Cunningham responded Thursday, a day after the Centers For Disease Control released its findings, saying that the E. coli found in well water tests last month showed three different types of E. coli in the water, but not the E. coli 0111 strain that led to three hundred people becoming sick, including one man who died.
"Their science-based research validates what we have contended all the time -- that there is no connection between poultry litter and the unfortunate E. Coli outbreak in Locust Grove last year," Cunningham said. Read More
After the OK Attorney General insisted that agriculture, and specifically poultry farmers, was responsible for an E. coli outbreak, the science has failed to agree with him. Edmondson has been going after poultry producers for a years now and has yet to win in a courtroom or a science lab. Manure must be handled correctly, but it is not toxic waste like he would like people to believe. It is a valuable resource for the nutrients required to grow food.
Wednesday, December 17, 2008
Poultry Litter Case Appeal
Oklahoma files appeal in poultry litter case
By JUSTIN JUOZAPAVICIUS – 7 hours ago
TULSA, Okla. (AP) — Oklahoma is again hoping to stop 13 Arkansas-based poultry companies from disposing of bird waste in the Illinois River watershed.
The state's 61-page appeal of an earlier judge's ruling was filed late Monday with the 10th U.S. Circuit Court of Appeals in Denver.
Oklahoma had tried to get an injunction to halt a practice thousands of farmers have employed for decades in the 1 million-acre watershed, which occupies parts of Arkansas and Oklahoma: Taking the ammonia-reeking chicken waste — clumped bird droppings, bedding and feathers — and spreading it on their land as a low-cost fertilizer.
But in September, U.S. District Judge Gregory K. Frizzell ruled that Oklahoma "has not yet met its burden of proving that bacteria in the waters" are "caused by the application of poultry litter rather than by other sources, including cattle manure and human septic systems." Read More
Edmondson is continuing his attacks on agriculture by appealing the judge’s ruling that said he had not met his burden of proof. Poultry farmers in the area need to dispose of the waste that is produced and farmers in the area need this affordable source of nutrients for their cropland. Using poultry litter as fertilizer is the original “green technology” and was designed that way by Mother Nature herself.
By JUSTIN JUOZAPAVICIUS – 7 hours ago
TULSA, Okla. (AP) — Oklahoma is again hoping to stop 13 Arkansas-based poultry companies from disposing of bird waste in the Illinois River watershed.
The state's 61-page appeal of an earlier judge's ruling was filed late Monday with the 10th U.S. Circuit Court of Appeals in Denver.
Oklahoma had tried to get an injunction to halt a practice thousands of farmers have employed for decades in the 1 million-acre watershed, which occupies parts of Arkansas and Oklahoma: Taking the ammonia-reeking chicken waste — clumped bird droppings, bedding and feathers — and spreading it on their land as a low-cost fertilizer.
But in September, U.S. District Judge Gregory K. Frizzell ruled that Oklahoma "has not yet met its burden of proving that bacteria in the waters" are "caused by the application of poultry litter rather than by other sources, including cattle manure and human septic systems." Read More
Edmondson is continuing his attacks on agriculture by appealing the judge’s ruling that said he had not met his burden of proof. Poultry farmers in the area need to dispose of the waste that is produced and farmers in the area need this affordable source of nutrients for their cropland. Using poultry litter as fertilizer is the original “green technology” and was designed that way by Mother Nature herself.
Tuesday, October 28, 2008
OK Appeals Poultry Litter Case
Edmondson preparing appeal for poultry case
BY ROBERT J. SMITH
Posted on Tuesday, October 21, 2008
Oklahoma lost its bid to stop poultry litter spreading in the Illinois River watershed, but the state indicated Monday it’s interested in appealing that decision to the 10 th U. S. Circuit Court of Appeals in Denver.
Charlie Price, a spokesman for Oklahoma Attorney General Drew Edmondson, said the state has “discovered several issues we believe must be brought to the higher court’s attention.” It filed its notice of appeal Friday with the U. S. District Court in Tulsa.
Oklahoma in 2005 sued Springdale-based Tyson Foods and several other poultry companies with operations in Arkansas, claiming that the spreading of poultry litter on farm fields in the watershed violated federal laws.
Edmondson asked for an injunction in November, trying to put it in place before spring when most poultry litter is spread on hayfields. In his request, Edmondson contended litter was “solid waste” under the Resource Conservation and Recovery Act of 1976. He also said the practice of spreading litter threatened human health because the litter contains fecal bacteria. Read More
Oklahoma Attorney General Drew Edmondson is going to continue on his crusade to have poultry litter considered a toxic substance. This is the very same poultry litter that people pay money for to fertilize not just fields, but gardens and lawns as well. It is becoming more obvious that this case for the Attorney General is more motivated by politics than anything else. The judge basically told him how to win this case, and that was by going after every possible source of fecal bacteria, which would include all livestock and humans. He knows that would be political suicide to go after every homeowner in the watershed area so he continues down this fruitless path of only targeting poultry farmers.
BY ROBERT J. SMITH
Posted on Tuesday, October 21, 2008
Oklahoma lost its bid to stop poultry litter spreading in the Illinois River watershed, but the state indicated Monday it’s interested in appealing that decision to the 10 th U. S. Circuit Court of Appeals in Denver.
Charlie Price, a spokesman for Oklahoma Attorney General Drew Edmondson, said the state has “discovered several issues we believe must be brought to the higher court’s attention.” It filed its notice of appeal Friday with the U. S. District Court in Tulsa.
Oklahoma in 2005 sued Springdale-based Tyson Foods and several other poultry companies with operations in Arkansas, claiming that the spreading of poultry litter on farm fields in the watershed violated federal laws.
Edmondson asked for an injunction in November, trying to put it in place before spring when most poultry litter is spread on hayfields. In his request, Edmondson contended litter was “solid waste” under the Resource Conservation and Recovery Act of 1976. He also said the practice of spreading litter threatened human health because the litter contains fecal bacteria. Read More
Oklahoma Attorney General Drew Edmondson is going to continue on his crusade to have poultry litter considered a toxic substance. This is the very same poultry litter that people pay money for to fertilize not just fields, but gardens and lawns as well. It is becoming more obvious that this case for the Attorney General is more motivated by politics than anything else. The judge basically told him how to win this case, and that was by going after every possible source of fecal bacteria, which would include all livestock and humans. He knows that would be political suicide to go after every homeowner in the watershed area so he continues down this fruitless path of only targeting poultry farmers.
Wednesday, October 1, 2008
Judge Finally Rules on Poultry Litter
Judge denies halt on poultry waste
By Jim Stafford Business Writer
The state of Oklahoma's bid for an injunction to halt the spread of poultry manure inside the Illinois River Watershed has been denied by a federal judge in Tulsa.
Judge Gregory K. Frizzell of the Northern District of Oklahoma, issued a ruling Monday that the state had not met its burden of proof that bacteria in the waters of the Northeastern Oklahoma watershed are caused by the application of poultry litter rather than by other sources.
"The evidence produced to this Court reflects that fecal bacteria in the waters of the IRW come from a number of sources, including cattle, manure and human waste from growing number of human septic systems in that area's karst topography,” Frizzell wrote in the conclusion of a 10-page ruling. Read More
This case was originally brought to court in February of this year and the judge has finally issued his ruling to continue allowing farmers in this area to use poultry litter as fertilizer. Oklahoma’s Attorney General seems to have it out for poultry farmers as he is pursuing other lawsuits against poultry producers, but for now he has still been unsuccessful.
By Jim Stafford Business Writer
The state of Oklahoma's bid for an injunction to halt the spread of poultry manure inside the Illinois River Watershed has been denied by a federal judge in Tulsa.
Judge Gregory K. Frizzell of the Northern District of Oklahoma, issued a ruling Monday that the state had not met its burden of proof that bacteria in the waters of the Northeastern Oklahoma watershed are caused by the application of poultry litter rather than by other sources.
"The evidence produced to this Court reflects that fecal bacteria in the waters of the IRW come from a number of sources, including cattle, manure and human waste from growing number of human septic systems in that area's karst topography,” Frizzell wrote in the conclusion of a 10-page ruling. Read More
This case was originally brought to court in February of this year and the judge has finally issued his ruling to continue allowing farmers in this area to use poultry litter as fertilizer. Oklahoma’s Attorney General seems to have it out for poultry farmers as he is pursuing other lawsuits against poultry producers, but for now he has still been unsuccessful.
Friday, May 2, 2008
Poultry Litter Case Update
Litter suit’s parties get eager for ruling
BY ROBERT J. SMITH
A U. S. District Court judge has had 50 days to make a decision on granting a preliminary injunction to ban spreading poultry litter on farm fields in the Illinois River watershed, leaving some to wonder what’s taking so long.
Farmers, lawyers and others interested in Judge Greg Frizzell’s decision have waited since March 12 to learn whether he’ll grant Oklahoma Attorney General Drew Edmondson’s request to stop spreading the litter.
“Judges sit and listen to Nobel lawyers slug it out all the time,” said Patrick Patenteau, senior counsel at the Environment and Natural Resources Law Clinic at the Vermont Law School, who uses the complex debate over the Illinois River issue to teach students about interstate waterquality disputes. “At the end of the day, judges have to decide who to believe. Read More
Here is an update on the poultry litter case that was brought on by OK Attorney General Edmondson. He wants the court to declare that poultry litter is solid waste, and banned from being used as fertilizer in the watershed area. He also knows that if the poultry farmers can’t get rid of their litter that they may be forced to close down, and that seems to be his goal.
BY ROBERT J. SMITH
A U. S. District Court judge has had 50 days to make a decision on granting a preliminary injunction to ban spreading poultry litter on farm fields in the Illinois River watershed, leaving some to wonder what’s taking so long.
Farmers, lawyers and others interested in Judge Greg Frizzell’s decision have waited since March 12 to learn whether he’ll grant Oklahoma Attorney General Drew Edmondson’s request to stop spreading the litter.
“Judges sit and listen to Nobel lawyers slug it out all the time,” said Patrick Patenteau, senior counsel at the Environment and Natural Resources Law Clinic at the Vermont Law School, who uses the complex debate over the Illinois River issue to teach students about interstate waterquality disputes. “At the end of the day, judges have to decide who to believe. Read More
Here is an update on the poultry litter case that was brought on by OK Attorney General Edmondson. He wants the court to declare that poultry litter is solid waste, and banned from being used as fertilizer in the watershed area. He also knows that if the poultry farmers can’t get rid of their litter that they may be forced to close down, and that seems to be his goal.
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