OTHER OPINIONS : Poultry-litter case finally goes to trial

By The Tulsa World

Posted: October 7, 2009 at 6:41 a.m.

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TULSA — At long last, the fate of the Illinois River watershed is about to be decided.

Attorney General Drew Edmondson made the opening statement in the long-awaited case against 11 poultry companies that he claims are partially responsible for degrading streams in the eastern Oklahoma watershed.

Edmondson contends the practice of applying poultry litter to the watershed as a fertilizer has caused once “crystal-clear” waters to become polluted. Edmondson believes his team can link poultry litter with excessive amounts of bacteria and other pathogens found in the watershed.

Attorneys for the defendants see things quite differently. They contend the poultry growers abide by agricultural management plans that they believe ensure that no adverse environmental impacts will occur from litter application.

They also contend the farmers care about the environment and act responsibly to preserve it, and in fact drink from water wells located in the watershed.

We do not envy U.S. District Judge Frizzell’s task.

The complicated case hinges on highly technical issues and could have national implications. Even before the trial started last week, Frizzell had to admonish the 30-plus lawyers involved to control their emotions. He issued the stern warning after he noticed some attorneys grimacing and contorting their faces. “You need to keep your reactions to yourself,” he said.

This case is causing emotions to run high in other venues as well, because so much is at stake. Oklahomans are concerned about the future of their beloved waterways, with good reason, and poultry growers are understandably concerned about their fates.

The case could even have a bearing on Edmondson’s race for the governorship. He faces a serious primary challenger next summer in Lt. Gov. Jari Askins.

Perhaps a settlement still is a possibility at this late date, though that seems unlikely.

Observers can only hope that the outcome serves the best interests of Oklahoma and Oklahomans.

Opinion, Pages 6 on 10/07/2009

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