The Foundation continues to monitor the litigation filed on June 13 by the Oklahoma Attorney General against the poultry companies with growers in the Illinois River watershed. In the June 13 complaint, Attorney General Drew Edmondson and Secretary of the Environment Miles Tolbert allege pollution of the watershed and list nine causes of action under state and federal law. The complaint alleges that poultry litter is hazardous waste. The complaint says the state of Oklahoma and the Secretary of the Environment should be awarded the following relief because of the defendants’ wrongful conduct: 1. All past monetary damages suffered by and all costs and expenses incurred by the state; 2. Defendants accept liability for future monetary damages and costs and expenses incurred by the state; 3. A permanent injunction to abate pollution-causing conduct in the watershed, remediation of the watershed, all costs associated with assessing and quantifying the amount of remediation needed for natural resource damages and natural resource damages; 4. Restitution for Oklahoma and disgorgement of all gains the defendants received during their wrongdoing; 5. Punitive and exemplary damages; 6. Statutory penalties; 7. Prejudgement interest; 8. All attorneys fees and costs of suit (including but not limited to court costs, expert and consultant costs, and litigation and investigative expenses). (See related discussion in state issues.)

The Foundation is working with Texas and Arkansas Farm Bureaus and Poultry Partners on this issue and developing a strategy to represent our members in this action.