Poultry ruling gets mixed reviews; OSRC official and AG trade shots

By TEDDYE SNELL

TAHLEQUAH DAILY PRESS — A ruling in the Oklahoma attorney general’s case against the poultry industry Monday drew mixed reviews from those in the area with interest in the case.

U.S. District Judge Gregory K. Frizzell denied the state’s request for a preliminary injunction that would eliminate the spread of poultry waste as fertilizer within the Illinois River watershed.

Attorney General Drew Edmondson filed suit against 13 poultry companies in 2005, and the recent injunction was requested because he believed bacterial evidence gathered during the investigation proved a health hazard to the general public.

In his ruling, Frizzell said the state’s expert witnesses’ work was not “sufficiently reliable,” and the work had not been “peer-reviewed or published.”

“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 numbers of human septic systems in that area’s ... topography,” wrote Frizzell. “The record reflects levels of fecal bacteria at similar levels in rivers and streams throughout the state of Oklahoma, including waterways in whose watersheds the record does not evidence similar application of poultry waste.”

Edmondson said the ruling will not affect the case against the poultry companies, based on the phosphorous levels, and will go to court in September 2009. Edmondson believes the request for the injunction, however, was justified.

“We felt there were human health implications from the bacterial information we discovered, and felt obliged to bring that to the court,” said Edmondson.

Kurt Robinson, president of Save The Illinois River, wasn’t completely surprised by the ruling.

“The decision by Judge Frizzell is a little disappointing, but not totally unexpected,” said Robinson. “The burden of proof for the state was very high because of technical, cutting-edge science used in identifying genetic markers for bacteria, as presented by the state’s witness.”

Robinson said it is interesting to note the decision comes on the heels of two recent national reports – including one from the U.S. Government Accounting Office – specifying numerous water bodies in northwest Arkansas and northeastern Oklahoma that have been impaired by manure from animal feeding operations, identifying these locations as areas of general ground water concern.

“The National Commission on Industrial Farm Animal Protection... warned us that manure from concentrated animal feeding operations containing nutrients, chemicals and micro-organisms is a major concern to our waterways, lakes, ground water, soils and airways, nationwide,” said Robinson. “STIR remains optimistic about the future of the Illinois River because of the efforts of Oklahoma to protect it from excess poultry waste.”

Bev Saunders, an area farmer and member of Poultry Partners, a grower’s consortium, was happy with the outcome.

“We are encouraged and obviously pleased with this ruling,” said Saunders. “The injunction hearing hasn’t changed the way farmers do business. Farmers continue to follow the laws, rules and regulations in their respective states.”

Oklahoma Scenic Rivers Commissioner for Adair County Rick Stubblefield had stern comments about the judge’s ruling.

“Ultimately, the court believed the professionals who work for water quality agencies for the state of Oklahoma,” said Stubblefield.

“In promoting his multimillion-dollar, hired gunslinger witnesses, Edmondson was forced to attack the expert work of practically everyone who works for the state of Oklahoma – and the court obviously does not believe everyone who works for the state of Oklahoma is a liar.”

Stubblefield added he believes the request for injunction “has been a public relations stunt to buy Edmondson as much free publicity as possible before his run for the governor’s office.”

Edmondson had a different take on the matter, saying that Stubblefield “is wholly owned by the poultry industry” and calling him “an embarrassment to the OSRC and the state of Oklahoma.”

“I am not surprised that Stubblefield is not concerned about bacteria in the Illinois River,” said Edmondson.

“I am not surprised he is not concerned about phosphorus in the Illinois River. I am not surprised he is not concerned about algae in the Illinois River. If there was a polluted rivers commission, he’d be perfect for it.”