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A federal judge ruled that poultry
litter could be classified as a solid waste under federal environmental laws
when applied in excessive amounts on farmland, reports the Associated Press. The
decision was a partial victory for the state of Oklahoma in its environmental
lawsuit against 12 Arkansas poultry companies. Oklahoma Attorney General Drew
Edmondson claims excessive application of chicken waste has resulted in runoff
polluting the Illinois River watershed. The case has drawn national attention
because it could lead to similar lawsuits across the country challenging how
the industry does business. A trial is set for Sept. 21. Attorneys for the
poultry companies argued the litter should not be labeled solid waste because
it has a beneficial use as a fertilizer and has a market value. The state
argued that litter was "patently" solid waste. U.S. District Judge
Gregory K. Frizzell said excessive application of the litter made it a solid
waste. The 1 million-acre watershed spans parts of Oklahoma and Arkansas and
has 1,800 poultry houses, which produce an estimated 345,000 tons of chicken
waste each year. The companies in the lawsuit are Tyson Foods Inc., Tyson
Poultry Inc., and Tyson Chicken Inc., Cobb-Vantress Inc., Cal-Maine Foods Inc.,
Cal-Maine Farms Inc., Cargill Inc., Cargill Turkey Production LLC, George''s
Inc. George''s Farms Inc. Peterson Farms Inc. and Simmons Foods Inc.
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