A federal district judge ruled on June 19 that the State of Oklahoma has sufficiently proven there has not been any substantive change in poultry litter pollution of the Illinois River Watershed (IRW) following trial. The ruling by Oklahoma Northern District Judge Gregory Frizzell included the finding that phosphorus from poultry waste continues to be a significant source of damage to the waters of the IRW and Lake Tenkiller.

While Frizzell has yet to issue a final ruling in the 20-year-old lawsuit, Attorney General Gentner Drummond said he remains confident there can be an agreement that ensures clean water and a robust poultry industry.

“I’m committed to finding a path forward that restricts poultry producers from polluting the Illinois River and allows us to clean up the watershed to preserve it for future generations,” he said. “We very much value the poultry companies and want them to remain in Oklahoma. But that doesn’t mean the industry can pollute the Illinois River, one of our state’s greatest treasures. Having a clean river doesn’t mean we can’t also have good industry. Both can, and should, exist.”

Frizzell ruled in favor of Oklahoma in January 2023, but subsequent mediation between the Attorney General’s Office and poultry companies was unsuccessful. Later, the defendants moved to have the suit dismissed, arguing in part that there had been a significant reduction in phosphorus levels since the time of trial.

The judge determined that not to be the case, finding phosphorous concentrations remain alarmingly high in the impacted rivers and streams.

“Phosphorus run-off from land-applied poultry waste continues to be a significant source of phosphorus which is causing actual and ongoing injury to the waters of the Illinois-River Watershed,” Frizzell wrote. “Thus, circumstances have not ‘changed since the beginning of litigation that forestall any occasion for meaningful relief.’ … Accordingly, this matter is not prudentially moot.”