Poultry group files motion to dismiss AG's lawsuit

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November 3, 2008

By TEDDYE SNELL The Tahlequah Daily Press Mon Nov 03, 2008, 12:33 PM CST

TAHLEQUAH DAILY PRESS — Defendants in the poultry litigation suit brought by Oklahoma Attorney General Drew Edmondson filed a motion to dismiss Friday, stating the suit “improperly ignores the rights and authority of the Cherokee Nation.”

“The state’s complaint overlooks the well-established fact that the federal government transferred all of the water and other natural resources within the Oklahoma portion of the Illinois River Watershed to the Cherokee Nation before Oklahoma became a state, and those natural resources remain the exclusive property of the Cherokee Nation today,” according to the motion filed in U.S. District Court in Tulsa. “Indeed, the federal courts have previously rejected Oklahoma’s claims that it owns or holds in trust the waters, streambeds and associated sediments previously granted to Indian Tribes.”

Jackie Cunningham, director of community relations for the council, said Edmondson is using Cherokee Nation natural resources “as a pawn in his politically motivated lawsuit.”

Edmondson stands by his assertion that the local watershed is at risk.

“No one can deny that the Illinois River Watershed is in trouble,” said Edmondson. “The corporate polluters first said it was the state’s problem, next they blamed it on the farmers, now they want to dump it at the feet of the Cherokee Nation. The poultry companies continue to shirk their legal, ethical and moral obligations by hiding behind legal gamesmanship and media spin.”

Edmondson pointed out that Native American law is “complicated and complex,” but plans to diligently defend the state’s natural resources from pollution. He said today’s motion was little more than a distraction.

“Today’s legal gimmick comes straight from the ‘polluters guide to PR’ textbook,’ said Edmondson. “Step one, divert attention. Step two, pass the buck. Step three, throw lots of junk around to see what sticks. Step four, confuse the issue. They got it all in.”

In a statement made Friday, Cherokee Nation Principal Chief Chad Smith said Cherokee Nation water rights have remained intact, and came into existence long before the state of Oklahoma, or the United States.

“However, I have to point out that the Cherokee Nation has not filed this motion to dismiss, and it would be a mistake to assume that we support the unconditional dismissal of this lawsuit,” said Smith. “The Cherokee Nation, like the State of Oklahoma, has to protect the water quality interests within our jurisdiction. It may be fallacy for corporations like Tyson to think that an environmental regulatory structure put in place by the Cherokee Nation would be any less rigorous than the state of Oklahoma’s.”

Smith said the tribe will continue to monitor the suit and its filings and act accordingly.

“In the meantime, the Cherokee Nation hopes to continue working with the state on water rights discussions, so that tribal and state regulatory structures can cooperate in advancing our common interests.”

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Poultry group files motion to dismiss AG's lawsuit

Last year, Cherokee County was hit with severe snowstorms in the winter, followed by devastating floods in the spring. What have you done to protect your property, in case it happens again?

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