Oklahoma receives damages cap

An Oklahoma federal judge determined on July 22 that the state cannot continue to pursue damages in excess of $600 million in its lawsuit against the poultry industry because it failed to properly include the Cherokee Nation.
U.S. District Judge Gregory Frizzell sided with poultry industry assertions that portions of the lawsuit should be dismissed because the state lacks standing to pursue the pollution damage claims on its own. Frizzell's order did not affect the state's claims for injunctive relief related to the use of poultry litter in the Illinois River watershed.
Opponents of the lawsuit, both within the poultry industry and its supporters, hailed the ruling stating their pleasure with the decision and their gratitude that "the court viewed this matter as seriously" as it did.
While the state's claim for injunctive relief was not affected by the ruling, a judge has previously ruled against the state's request for a preliminary injunction barring the spreading of poultry waste in the watershed; a trial is set for September 21.
The state, led by Oklahoma Attorney General Drew Edmondson, sued 13 poultry companies in 2005, claiming that they are legally responsible for the handling and disposal of poultry waste that has damaged portions of the Illinois River watershed in Oklahoma.