A federal judge has ruled that Oklahoma cannot seek monetary damages from poultry companies for alleged pollution of watersheds by poultry farmers because the Cherokee Nation was not part of the case.
Arkansas officials are crowing, such as Attorney General Dustin McDaniel.
“This is an extremely significant ruling in this case and is a victory for Arkansas’s farmers. While this ruling does not end the case, it is most certainly a major setback for Oklahoma’s lawsuit. It is my strong belief that Arkansas farmers have been in total compliance with our laws. I have been talking to farmers and representatives from the Arkansas agriculture industry since the ruling came down, and they all hope that this marks the beginning of the end in this litigation. I believe that they have just cause to think that it is. This ruling is devastating to the State of Oklahoma’s case.”
Perhaps so. But this is not a merits of the case ruling. Oklahoma’s claim for injunctive relief on use of poultry litter in the Illinois River watershed continues.