NWA EDITORIAL | Federal judge, after years, tells poultry producers to clean up their acts

But poultry ruling a big win for Oklahoma

Last last year, a report from the University of Arkansas Division of Agriculture attempted to quantify the impact of the agriculture and food sector within Arkansas.

In economic terms, the report said, the sector in 2021 represented nearly 11% of the state's gross domestic product. As a share of a state's economy, the researchers determined Arkansas' agricultural sector's share of the overall economy was 4.2 times greater than its share in Texas, 2.5 times greater than in Oklahoma and 1.9 times greater than in our neighbor to the north, Missouri.

Animal production accounted for about $5.4 billion in cash receipts within the state in 2021, with poultry and eggs accounting for about 82 percent of that value.

Keeping these stats in mind, when a clash between two states -- in this case, Arkansas and Oklahoma -- turns into litigation, it's a big, big deal. According to the Poultry Federation, Northwest Arkansas -- particularly Washington and Benton counties -- produces more poultry than anywhere else in the state.

Environmentally speaking, what that also means is the Northwest Arkansas produces more byproduct of the poultry industry than anyone else. And the term "byproduct" is a technical nicety. We're talking poop. Lots and lots of it. And the industry's need to dispose of that waste is made complex by a rather simple concept about how water -- and everything it picks up along the way -- rolls downhill.

Downhill, in the case of the Illinois River watershed, means Oklahoma. And as a recent U.S. District Court ruling makes clear, while water may run downhill, the responsibility for what's in it goes in the opposite direction.

On Jan. 18, U.S. District Judge Gregory K. Frizzell issued a critically important, 214-page ruling in the lawsuit against 11 poultry firms that operate directly or through contract about 1,900 active poultry houses within the Illinois River watershed. His ruling came 13 years after the trial ended and nearly 18 years after then-Oklahoma Attorney General Drew Edmondson sued Arkansas poultry companies demanding they, in layman's terms, clean up their acts by ceasing practices that pollute waters flowing into his state.

Yes, it's astonishing a case could take that long and we're not sure why it did, but Frizzell's ruling reads like a technical report by a panel of scientists rather than a sitting judge.

If justice delayed is justice denied, as the saying goes, nobody can be thrilled that the ruling took so long. But, in 2023, we now know this: Oklahoma won. The judge has given the opposing sides in the case until March 17 to work out an appropriate response to the ruling. If they don't, Frizzell says, he will.

A brief recap: The lawsuit involves the spreading of poultry waste as fertilizer onto pasture lands within the Illinois River watershed. In Oklahoma, the Illinois River is officially designated a scenic river that contributes millions to the state's economy through tourism. Perhaps even more importantly, 18 different providers draw their drinking water from the river. The river runs north through Washington County before turning west and entering the Sooner State. In Oklahoma, it flows into Lake Tenkiller.

Without question, the method of disposal pollutes, with the primary concern being the contamination of waters with phosphorus, too much of which can be damaging to ecosystems, turn clear waters murky and rob waterways of oxygen. The argument has largely centered on how much poultry companies are responsible for that, because it's difficult to measure the precise impact of each company's operations. Without precision, it's been easy for poultry companies to do some finger pointing to other potential causes.

Frizzell's ruling is unambiguous: The poultry firms carry significant responsibilities.

Here in Northwest Arkansas, the results of this litigation could be massive, even though it's fair to say practices have dramatically improved in all the years the lawsuit has lingered. The economic repercussions are likely significant; so will the environmental impacts.

We can't help but think back to the yearslong controversy caused by one hog-breeding farm licensed in 2012 by the state to operate within the Buffalo National River watershed. The real and potential pollution impacts to the river -- a major tourism draw -- led Gov. Asa Hutchinson to proffer a $6.2 million purchase of the hog operation and advance a moratorium on other such operations within the watershed.

And that was a single farm, not 1,900 poultry houses, in a watershed. Imagine how much more significant the impact of poultry operations are on the Illinois River. The most conservative estimate given in the trial of the amount of chicken litter produced by the defendants' operations was 354,000 tons a year.

Oklahoma Attorney General Gentner Drummond lauded the recent ruling and sounded hopeful that the two sides aren't as far apart on solutions as they once were.

"This is a great and historic day for Oklahoma," Drummond said. "While this decision has been a long time coming, it is important to note that in the intervening years since the filing of the suit, the poultry industry has made, or is willing to make, strong improvements in waste disposal to ameliorate the extent of the problem. Oklahoma has amazing natural resources that deserve our vigilant protection. We will thoroughly review the judge's decision and determine the appropriate path forward."

Ultimately the judge -- or judges beyond him -- will decide what's necessary for Arkansas poultry interests to comply with the expectations of his ruling.

The sky isn't falling. But nobody could blame Chicken Little for being a bit unnerved.

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