Stitt Pushes to End 20-Year “Busload of Lawyers” Water Pollution Case
- Cherokee 411 Staff
- 7 days ago
- 3 min read
By Cherokee 411 Staff
OKLAHOMA CITY — Two decades after Oklahoma first sued poultry giants for polluting the Illinois River watershed, Gov. Kevin Stitt is pushing to bring the long-running “Busload of Lawyers” case to an end.
In a motion filed this week in the U.S. District Court for the Northern District of Oklahoma, Stitt urged the court to “expedite discussions and break the current impasse” in State of Oklahoma v. Tyson Foods Inc., a case that has loomed over Oklahoma’s environmental and agricultural landscape since 2005.
The lawsuit — originally filed by then-Attorney General Drew Edmondson — accused 13 poultry companies, including Tyson Foods, Cargill, Simmons Foods, and Cal-Maine, of improperly disposing of poultry litter and contaminating waterways, particularly in the Illinois River watershed along the Oklahoma-Arkansas border.
The case earned the nickname “Busload of Lawyers” because of the sheer number of attorneys representing the corporate defendants. Despite years of hearings, mediation, and even a 2009–2010 bench trial, the case has never reached a final resolution.
“Oklahoma families deserve better than endless litigation that rewards activists and trial lawyers,” Stitt said in a statement. “We’re going to restore certainty, defend Oklahoma jobs, and secure a reliable, American food supply at a time of food inflation and global instability.”
A Historic Ruling — But No Resolution
Federal Judge Gregory Frizzell, who has presided over the case since its inception, ruled in January 2023 that Oklahoma had proven its case, finding that “the principal contributor of these elevated phosphorus levels in waters of [the Illinois River Watershed] is run-off from poultry waste.”
Despite that victory, settlement talks have stalled. Oklahoma Attorney General Gentner Drummond proposed a $100 million judgment over the summer to resolve remaining claims against the poultry companies, but the companies objected, leaving the case at a standstill.
Stitt’s new motion asks for a court-ordered path to settlement that “protects the environment while ensuring businesses can still operate efficiently.”
Decades of Dispute Over a Scenic River
The Illinois River, a 145-mile tributary of the Arkansas River that flows through Oklahoma and Arkansas, has been at the center of cross-border pollution debates for generations. The river and its watershed — covering roughly 1,600 square miles — are designated as a state Scenic River and feed into Lake Tenkiller, a key source of drinking water for local communities.
Poultry litter, a mixture of manure, feed, feathers, and bedding, is often used as fertilizer on nearby lands. Oklahoma officials say runoff from those fields carries phosphorus into the river system, fueling algae blooms and degrading water quality.
Proposed Penalties and Tribal Complications
The state’s original 2005 complaint sought $800 million in damages plus punitive costs, naming 13 poultry producers and subsidiaries. Proposed fines in more recent settlement discussions included:
Tyson Foods Inc. – $28.9 million
Cargill Inc. – $23.7 million
Simmons Foods Inc. – $27.1 million
Cal-Maine Foods – $18.3 million
However, earlier rulings limited Oklahoma’s ability to collect damages without the Cherokee Nation’s participation, since tribal lands surround much of the watershed. The 10th U.S. Circuit Court of Appeals upheld that finding.
What Comes Next
Under the latest proposal, a watershed monitoring team could oversee poultry litter application for up to 30 years to ensure compliance and environmental recovery.
The litigation has spanned three governors, two attorneys general, and nearly the entire modern history of Oklahoma’s environmental policy.
“This case has defined Oklahoma’s approach to environmental enforcement for a generation,” said one legal observer familiar with the proceedings. “The governor’s move could finally bring closure — but it depends on whether both sides are willing to compromise.”
For now, the Illinois River — long considered a symbol of Oklahoma’s natural beauty and a flashpoint of environmental conflict — remains both the heart of the dispute and the hope for a cleaner future.
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