Attorney General Gentner Drummond has responded to a recent federal court ruling that holds several major poultry companies responsible for phosphorus pollution in the Illinois River Watershed. The decision requires Tyson, Cargill, George’s, Simmons, and Cal-Maine to fund long-term cleanup efforts and comply with new restrictions on how poultry waste is applied to land.
“This judgment has significant ramifications for the industry. These consequences underscore why we have focused on the importance of negotiations with the poultry companies before getting to this point,” Drummond said.
“A robust poultry industry and clean water can and must coexist. I remain committed to working with the poultry companies toward a resolution. I can help facilitate negotiations that achieve cleanup of the watershed while supporting Oklahoma farmers. Let’s find a path forward together. I fervently believe there are solutions that will clean up our water while ensuring a strong and enduring poultry business in Oklahoma.”
The judgment outlines that remediation will proceed in phases under supervision of a special master appointed by the court. The defendants are jointly responsible for all costs related to investigation, planning, implementation, and monitoring of cleanup activities.
A special master will oversee execution of the order for at least 30 years, supported by technical experts and a Watershed Monitoring Team tasked with inspecting farms and reviewing relevant records. Reports from these efforts will be made available through public court dockets. The companies found liable must pay for both the special master’s work and contribute an initial $10 million into an evergreen fund dedicated to ongoing oversight.
The court also imposed immediate restrictions on land application of poultry waste within the watershed: no more than 120 pounds per acre STP may be applied, with a maximum rate of two tons or less per acre. Defendants are required to shield contract growers from any financial losses or additional costs resulting from changes in waste management practices.
In addition to remediation requirements, penalties totaling $350,000 were awarded by the court.
Drummond noted that while the companies have an option to appeal—which could result in prolonged litigation—they could instead pursue settlement discussions with state officials. He suggested that such negotiations might provide greater flexibility and certainty regarding compliance measures.
A copy of the full judgment is available online (Read the judgment).
