It's been about two years since a federal judge ruled on a decades-spanning lawsuit that Arkansas-based poultry companies are responsible for polluting the Illinois River and Lake Tenkiller. The judge ruled in Oklahoma's favor and instructed the parties to reach a clean up agreement. That hasn't happened.
Since the ruling, there's been some back-and-forth between the parties. Attorney General Gentner Drummond has suggested each company pay millions of dollars in fines for violating Oklahoma's limits on phosphorus in soil, but the companies' attorneys have argued the large fines on the industry would harm the public interest.
Last week, Drummond said in a press release local officials and lawmakers pressured him about abandoning or scaling back litigation following warnings from Tyson Foods about potential reductions in the company's Oklahoma operations. Tyson is the largest of the companies involved in the suit.
"Even as they claim to be concerned about this litigation, Tyson is actively working to acquire additional processing capacity in the watershed," Drummond said in the statement. "Oklahomans deserve better than corporate intimidation tactics from a company that has repeatedly shown it prioritizes profits over people and environmental responsibility."
In response, a Tyson Foods spokesperson said in a statement that other policymakers in Arkansas and Oklahoma recognize "the harmful impact of Attorney General Drummond's misguided litigation."
As state attorney general, Drummond inherited the case, which was filed in 2005 by then-Attorney General Drew Edmondson.
"But unless these leaders can persuade Attorney General Drummond to put the needs of all Oklahomans above the enrichment of out-of-state trial lawyers, Tyson has no choice but to reduce its business in the region," according to the statement.
The spokesperson said the company will honor existing poultry grower contracts but can't offer new contracts in the Illinois River Watershed, unless the state offers a more favorable solution.
Stacy Simuneck, president of the Oklahoma Farm Bureau, said in a statement the organization's members are concerned by the recent news. He said the state's producers in the watershed have worked over the years to improve water quality.
"Reducing the number of poultry operations in eastern Oklahoma not only punishes farmers who have done everything asked of them, and more, to improve water quality in the watershed, but it also threatens food affordability and security for fellow Oklahomans and our nation's residents who are already facing rising food costs," Simuneck said in the statement. "Our members also have real concerns about the negative economic impact any reductions will have on communities across eastern Oklahoma."
He urges the State of Oklahoma to go back to the drawing board to reach a reasonable settlement. Dan Wright, president of the Arkansas Farm Bureau, also urged Drummond to come back to the table to end the litigation in a statement.
"The livelihood of Arkansas and Oklahoma poultry farmers within the Illinois River watershed are being threatened by an extreme overreach by the Oklahoma attorney general," Wright said in the statement. "Ensuring our country and its people have access to a safe and abundant food supply is critical to national security."
As the negotiations have dragged on, they've been a thorn in the side of Gov. Kevin Stitt. The governor fired then-State Secretary of Energy and Environment Ken McQueen for attending a hearing on the poultry cleanup plan last December. Recently, he and Drummond have traded barbs over the suit via letters, press releases and social media posts.
Before Thanksgiving, Stitt sent a letter to Drummond mentioning the potential of unrenewed contracts. In the letter, Stitt said he is ready to assist in the case and that Drummond's proposal puts people in eastern Oklahoma at risk.
"I am disappointed that you opposed my attempt to facilitate a reasonable resolution of this matter, and my concern, based on our actions to date, that you are prioritizing the interest of out-of-state trial lawyers or "winning" in a lawsuit over what is best for our fellow Oklahomas - those who grow our food and those who face ever-rising prices at the grocery store," Stitt wrote.
Drummond responded in a letter saying the claim is insincere considering Stitt fired McQueen and did not take action on the case before Drummond became attorney general. He said his efforts are pro-agriculture and holding the companies accountable to protect the state's water and soil for future generations.
"Let me be clear about who is really at stake here," Drummond wrote. "Oklahoma's hardworking poultry farmers are not the problem – they are being used as pawns by out-of-state Big Poultry Corporations that are maximizing their own profits while leaving our farmers to face the consequences."
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
