The poultry industry’s claims that conditions in the Illinois River watershed have improved, negating the need for any cleanup, have gotten the attention of a federal judge.

U.S. District Judge Gregory Frizzell indicated Friday during a court hearing that he would permit both sides in a 19-year-old lawsuit brought by the state of Oklahoma against poultry companies to present any new evidence they wanted regarding the current state of the Illinois River watershed.

Frizzell ruled in January 2023 in favor of the state of Oklahoma in a federal lawsuit that alleged poultry industry practices were polluting the Illinois River watershed in eastern Oklahoma and northwest Arkansas.

In his ruling, Frizzell sided with the state’s contention that excessive land application of poultry litter as fertilizer had been a significant cause of excess phosphorus in the watershed, which can eventually cause excessive aquatic vegetation, most of it algae, that can harm waterways.

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Frizzell asked for the updated data after poultry industry attorneys sought to have the case either re-tried or dismissed due to what they claim is the “staleness” of the evidence.

Poultry companies named in the lawsuit claim Frizzell’s findings were based on data gathered from 2005-2009, which has since become stale.

But Frizzell said he could update his previous findings, if need be, based on any new evidence presented to him by the parties.

Attorney General Gentner Drummond, who attended the hearing, advised Frizzell that the state only wants the watershed cleaned up.

“It’s not the state’s objective to injure the poultry companies, the objective is to improve the quality of water” in the watershed, Drummond said.

Drummond said phosphorus levels in the watershed have been "unabated" despite poultry industry claims.

Frizzell acknowledged the probability that the case was heading to an appeals court after he is through with it.

He said the judgment he eventually will issue in the case would be “vulnerable” on appeal, absent updated records regarding the current state of the Illinois River watershed.

Gordon Todd, an attorney for Cobb-Vantress Inc., Tyson Poultry Inc., Tyson Chicken Inc. and Tyson Foods Inc., told Frizzell that he believed the entire cased needed to be retried due to the age of the data used to make the determinations.

Frizzell in June denied a request from the poultry companies to dismiss the case on staleness of evidence grounds.

Frizzell set aside time Dec. 3-6 for both sides to present their evidence to him.

Former Attorney General Drew Edmondson filed the federal lawsuit in June 2005 against 14 poultry companies that had operations in the Illinois River watershed, alleging that overuse of poultry litter as crop fertilizer had caused pollution in the watershed.

The number of companies named as plaintiffs was eventually narrowed to 11.

The remaining defendants are Cal-Maine Foods Inc., Cargill Inc., Cargill Turkey Production LLC, George’s Inc., George’s Farms Inc., Peterson Farms Inc. and Simmons Foods Inc., in addition to those represented by Todd.

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