US poultry companies face jury trial over pollution allegations

US District Judge Gregory Frizzell dismissed a motion by 12 poultry companies to hear the case from the bench, ruling that a jury should decide whether the firms are liable to pay civil damages under the state's anti-pollution legislation. In particular, the jury will deliberate on whether the alleged pollution of Oklahoma’s waterways constituted a public nuisance.

Chicken waste​

The state’s attorney general Drew Edmondson filed the petition against a dozen large-scale poultry producers and processors claiming excessive application of chicken waste has contaminated Oklahoma’s watershed.

The defendants are: Tyson Foods Inc., Tyson Poultry Inc., Tyson Chicken Inc., Cargill Inc., Cargill Turkey Production LLC., Cal-Maine Foods Inc., Cal-Maine Farms Inc., Cobb-Vantress Inc., George's Inc., George's Farms Inc., Peterson Farms and Simmons Foods Inc.

It is believed the outcome of the case could have far-reaching implications and may lead to a slew of similar lawsuits across the US challenging the business practices of some of the nation’s largest integrated meat operations.

Trial​

The poultry companies had urged the judge to hear the case solely from the bench on the basis that a series of pre-trial rulings in their favour meant a jury was unnecessary. These included the judge throwing out a claim by the state for $611m damages against the firms because it had failed to include as a plaintiff Native Americans whose tribal land lies within the area.

The state claims the companies are disposing too much chicken waste on farmland that is part of the one-million-acre watershed area that covers parts of Oklahoma and Arkansas. The spot has some 1,800 poultry houses that produce an estimated 345,000 tons of chicken waste each year .The area is among the largest in the US for producing broilers, or birds raised for meat, with more than 55,000 people employed by industry in both states. A number of the companies use birds and eggs produced here in their in-house food processing facilities. The integrated nature of their operations is a vital factor in maximising company profit margins.

Tyson spokesman Gary Mickelson said: “We respect the judge’s decision and look forward to finally having the opportunity to present the real facts, as opposed to Mr. Edmondson’s political rhetoric, both to a judge and jury. We will explain how the poultry industry supports the lawful and responsible use of poultry litter as an organic fertilizer on farmland.”​

The trial is scheduled to begin on September 21.

Tyson fine​

The decision comes less than two weeks after Tyson Fresh Meats agreed to pay $2m in civil penalties over allegations linked to wastewater discharges at its beef plant in Nebraska. The company said it had co-operated with the federal authorities and has since repaired the facility’s wastewater system.

A joint statement from the Environmental Protection Agency and Justice Department said the fine related to toxic discharges of nitrites and fecal coliform into the Missouri River from July 2003 to March 2004.

Tyson said it had spent around $27m upgrading and improving the IBP wastewater treatment system at the Dakota City plant – including more than $4 million on modifications since 2003.