SCOTT SIMON, HOST:
More than 20 years ago, the state of Oklahoma sued 14 major poultry companies, arguing that waste from their birds was harming a scenic watershed. That legal story still drags on today. Its resolution could set a precedent for agricultural pollution cases in other states. Anna Pope reports from member station KOSU.
ANNA POPE, BYLINE: The Illinois River is a weird little backwards waterway, running east-to-west from Arkansas into northeast Oklahoma. The area around it is known for its beauty and its poultry houses. Gerald Hilsher moved here for college in the 1970s and fell in love with the river and the lake it feeds.
GERALD HILSHER: It was a place where scuba divers loved to go because they could see 15, 20, 30 feet underwater because the lake was so clear.
POPE: But that's not the case anymore. He's dedicated his career to serving on Oklahoma's Scenic Rivers Commission and other environmental task forces. The area is also primed for chicken producers, like Steve Butler, who runs Green Country Farms.
STEVE BUTLER: I was born on a chicken farm. My granddad had a chicken farm before that. So then I was raised in chickens.
POPE: They both love the area, but the lawsuit between poultry companies and the state of Oklahoma has put their goals at odds. Millions of chickens and turkeys live in the watershed, defecating all the while. Poultry litter makes good fertilizer but contains a lot of phosphorus that runs off the land and into the waterway. There, it causes excessive algal growth that clouds the river and chokes out other water life. Butler acknowledges past pollution problems, but he's been working with conservation groups to fix them, like voluntarily shipping his litter out of the watershed.
BUTLER: We all got along and worked together to try to improve the Illinois River. That was the goal.
POPE: It's been the goal for decades, ever since Oklahoma Attorney General Drew Edmondson sued the poultry companies in 2005.
DREW EDMONDSON: I was asking no money. Just stop what you're doing and figure out some way to get rid of the waste, like every other industry in the United States of America.
POPE: It took five years for a federal bench trial to start against the 14 poultry companies. The largest - Tyson Foods. That was 2010, but the judge did not rule until 13 years later in 2023, saying poultry companies are responsible for the pollution and need to come up with a plan to clean it up. But after years of negotiation, the parties could not agree on a plan. So the judge drew up his own cleanup order to the poultry companies last December. But then, some of the companies finally negotiated settlements with Oklahoma officials. They mapped out a less expensive cleanup plan. Edmondson, who is no longer a plaintiff in the case, didn't like the settlements.
EDMONDSON: Had they agreed to that 20 years ago, I'd have been tickled pink. Right now, I wish it was more.
POPE: That's because he says 20 years of legal fees and continued pollution have piled up. The judge agreed. He rejected the settlements in March. That means environmental advocates like Hilsher and producers like Butler are still in limbo. Tyson Foods said it would not renew grower contracts in the watershed unless the settlements went through.
BUTLER: I'm sitting here wondering if I will get to stay in business. And so it's frustrating that way.
POPE: Tyson and other defendants who settled did not respond to requests for comment. Neither did federal Judge Gregory Frizzell, who's handling the case. Legal experts say this case could serve as a template for other states who want to sue over phosphorus pollution. For Hilsher, who wants to restore the watershed, the wait is worth it.
HILSHER: Well, this has taken a lot of time and effort, and I just had to trust Judge Frizzell that he has moved it along as quickly as he could.
POPE: Multiple appeals are pending from both the poultry companies and the state of Oklahoma. Meanwhile, the people who love the river and those who rely on poultry production are left waiting for a resolution.
For NPR News, I'm Anna Pope in Watts, Oklahoma.
SIMON: And that story was field produced by Graycen Wheeler. Transcript provided by NPR, Copyright NPR.
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