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OFB files brief on poultry litter injunction

In State of Oklahoma v. Tyson Foods, Inc., et al., the Oklahoma Farm Bureau (OFB) was granted permission by the federal court in the Northern District of Oklahoma to file an amicus curiae brief about the State of Oklahoma’s motion to halt the use of poultry litter in the Illinois River watershed.

The State is suing 14 poultry companies who have growers in the Illinois River watershed. The State is seeking remediation of the watershed and damages, and is claiming that poultry litter contains hazardous waste and should be regulated under the federal Comprehensive Environmental Response Compensation and Liability Act (Superfund law). Further, the State is claiming poultry litter is solid waste under the federal Resource Conservation and Recovery Act. If the Court agrees with the State, poultry litter would have to be disposed of in landfills or incinerated, rather than used in the current manner as an effective fertilizer and soil amendment.

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