Courts uphold litter application in Oklahoma vs. Poultry Industry case

In the on-going conflict between Oklahoma and Arkansas, Oklahoma Attorney General Drew Edmondson has used a variety of arguments to get U.S. District Judge Gregory K. Frizzell to enjoin poultry producers in Arkansas from applying poultry litter to pastures in the Illinois River watershed. Edmondson has argued unsuccessfully that litter is a hazardous waste under CERCLA and RCRA. He recently argued that the litter is the source of potentially harmful bacteria in the Illinois River.

This week's ruling by Judge Frizzell said that Edmondson failed to make this case. See: http://www.nwaonline.net/articles/2008/02/16/news/021708azpoultrylawsuit.txt

The bar is high in these broad claims cases. Science is not advanced enough to prove causality in these complex systems without substantial data collection and process analysis.