Poultry-case judge blocks soil-test records
Posted: December 9, 2009 at 12:44 p.m.
TULSA — A federal judge has blocked the state of Oklahoma’s attempt to introduce a portion of soil test records from 50 chicken farms in its pollution lawsuit against the Arkansas poultry industry.
U.S. District Judge Gregory Frizzell instead ordered Oklahoma on Wednesday to submit the records of each operation going back to 1998, when the record-keeping began.
Frizzell sided with poultry company attorneys who earlier accused Oklahoma of “cherry-picking” certain soil tests from farms that showed high phosphorus levels to bolster its case.
Oklahoma’s lawsuit accuses 11 companies of polluting a sensitive watershed with tons of bird manure.
The companies say the waste belongs to their contract growers, and accuse Oklahoma of tailoring science to fit its 2005 lawsuit.
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