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Oklahoma files appeal in poultry litter case

•  Headline Legal News     updated  2008/12/14 10:22


Oklahoma is again hoping to stop 13 Arkansas-based poultry companies from disposing of bird waste in the Illinois River watershed.

The state's 61-page appeal of an earlier judge's ruling was filed late Monday with the 10th U.S. Circuit Court of Appeals in Denver.

Oklahoma had tried to get an injunction to halt a practice thousands of farmers have employed for decades in the 1 million-acre watershed, which occupies parts of Arkansas and Oklahoma: Taking the ammonia-reeking chicken waste — clumped bird droppings, bedding and feathers — and spreading it on their land as a low-cost fertilizer.

The injunction also could have led to similar environmental lawsuits nationwide against the industry, which produced more than 48 billion pounds of chicken in 2006.

But in September, U.S. District Judge Gregory K. Frizzell ruled that Oklahoma "has not yet met its burden of proving that bacteria in the waters" are "caused by the application of poultry litter rather than by other sources, including cattle manure and human septic systems."

Charlie Price, spokesman for Attorney General Drew Edmondson, said that ruling "contained several troubling, and we believe inaccurate, legal interpretations that we feel compelled to present to the higher court."




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