July 24, 2009

A federal judge ruled Wednesday (Jul 22) that Oklahoma cannot pursue monetary damages in its environmental lawsuit against a dozen Arkansas poultry companies because it did not name the Cherokee Nation as a plaintiff.

 

Oklahoma had hoped to claim more than US$611 million from companies accused of polluting the Illinois River watershed with waste from the poultry operations. However, US District Court Judge Gregory Frizzell ruled the one million acre river valley lies in an area set aside by the federal government for the Cherokee Nation, and Oklahoma does not have the authority to seek damages on the nation's behalf.

 

Yet in May, the Cherokee Nation and state officials announced that the tribe had given the state "the right to prosecute any of the Nation's claims" against the poultry companies for their alleged pollution of the Illinois River watershed.

 

The judge said the state could continue to pursue the lawsuit to stop poultry companies from disposing what Oklahoma claims are excessive amounts of chicken waste in the watershed.

 

National attention had been drawn to this case because other states could file similar lawsuits, but the lawsuits may not happen without the possibility of damages. Arkansas Attorney General Dustin McDaniel said the ruling is devastating to Oklahoma's case.

 

The ruling might bring both sides closer to an out-of-court settlement, said Jackie Cunningham, a spokeswoman for the poultry industry.

 

The poultry companies had asked the judge to dismiss the lawsuit because Oklahoma did not have the authorities to seek damages without the Cherokee Nation.

 

More than 55,000 people in Oklahoma and Arkansas work in the poultry industry in one of the largest areas in the US for producing broilers. The watershed spanning the two states has 1,800 poultry houses.