OKLAHOMA CITY — After taking on mediation earlier this year, the State of Oklahoma and multiple poultry companies could not come to an agreement on the longstanding case dealing with poultry litter pollution in state watersheds.

Separate status reports were filed on Oct. 26 to the US District Court for the Northern District of Oklahoma by plaintiffs and defendants confirming that both sides met three times in the last two months (Sept. 13-14, Oct. 12) using the assigned mediator, retired 10th Circuit Chief Judge Deanell Reece Tacha.

Tacha was named to the position in June by US District Judge Gregory Frizzell.

Earlier in January, Frizell, who continues to oversee the case, directed the two sides to meet and attempt to reach an agreement after his favorable ruling for the State of Oklahoma. 

“The court concludes all defendants, by their conduct, have unreasonably interfered with the public’s right to the use and enjoyment of the waters of the IRW [Illinois River watershed] in Oklahoma,” Frizzell said in his January decision.

Eventually, Frizzell granted extensions in March to try and find a solution, but the two sides then moved to mediation. 

After the latest status report, the Office of the Attorney General of Oklahoma gave a statement on the ongoing lawsuit.

“The Attorney General will continue seeking a resolution of this matter that is in the best interests of Oklahoma,” a spokesperson told MEAT+POULTRY.

The Poultry Federation stated its concern that a settlement was not reached and continues to look for a resolution soon. 

“Poultry companies have been trying for nearly two decades to resolve this protracted litigation, and it is disappointing that a settlement was not reached," said Marvin Childers, president of The Poultry Federation. “The family farms and local landowners that employ and feed so many Americans care passionately about the land and water quality in the communities they call home across Oklahoma and Arkansas. There have been tremendous improvements in Illinois River water quality over the past 13 years, since the trial ended."

In its status report, the Attorney General’s office requested a Dec. 1 deadline where all sides submit a proposed journal entry of judgment in an attempt to find a settlement. 

Poultry industry attorneys filed their status reports and did not offer a journal entry filing. 

The initial case for this matter started in 2005 by then-Attorney General Drew Edmondson regarding improper poultry litter disposal and environmental damage to the state’s water by poultry companies, specifically related to the Illinois River watershed.

Poultry companies in the latest decision include Tyson Foods Inc., Cobb-Vantress Inc., Cargill Inc., George’s Farms Inc., Peterson Farms Inc. and Simmons Foods Inc., along with other subsidiaries operating in Oklahoma.