In 2005, the State of Oklahoma sued more than a dozen poultry companies, saying their handling of poultry waste was responsible for degraded water quality in Northeast Oklahoma's Illinois River and Lake Tenkiller. In 2023, a federal judge ruled that was true and ordered the parties to come up with a plan to remove phosphorus pollution from the watershed.
When they did not agree on a plan, the judge issued his own in a final order last December.
Earlier this year, several poultry companies and Oklahoma Attorney General Gentner Drummond filed settlement agreements that could replace the order if the judge approved them.
The settlements outlined a shorter cleanup plan with smaller financial contributions from the poultry companies. But under the agreements, the companies would drop their appeals of the judge's ruling.
Last month, the judge rejected those settlements, saying they did not provide sufficient funding or time to reduce phosphorus levels in the watershed.
The companies quickly filed appeals against the rejection of the settlement. This week, Drummond and State Secretary of Energy and Environment Jeff Starling filed an appeal on behalf of the state.
"The Attorney General chose to appeal because he believes that the consent decrees are in the best interests of the State," a spokesperson for the Office of the Attorney General said in an email.
The 10th Circuit Court of Appeals in Denver will determine whether to fold the appeal in with those from the poultry companies or consider it separately.
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