Judge allows some claims in poultry litter case

25-12-2009 | | |

U.S. District Judge Gregory Frizzell has denied requests by poultry companies to dismiss some of Oklahoma’s claims against them in a case went all they are polluting the Illinois River, according to a report by the Tulsa World.

Tyson Foods Inc.. and several other poultry companies had asked to dismiss Frizzell three state claims Involving pollution in the river, the report said.
 
Frizzell’s ruling kept alive claims related to state and federal nuisance violations and claims that the poultry companies’ actions amount to trespassing and harmed the Illinois River watershed.
 
Last week, Frizzell’s ruling that poultry litter does not constitute a solid waste under federal law was a blow to the state’s case.
 
Both sides continue to argue about the extent to which runoff from poultry farms contributes to growth in the river phosphorus.

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