Battle Continues Between Arkansas Poultry Companies and Oklahoma Attorney General

Oklahoma Attorney General Drew Edmondson claims that twelve Arkansas poultry companies have failed to explain pollution in the Illinois River watershed and have instead resorted to critiquing Oklahoma's expert witnesses. A recent article by the Associated Press on Forbes.com highlighted the "war of words" that came to light in a document filed Monday in Tulsa federal court. To read the entire AP article, click here.

Edmondson asked the judge not grant a request by the poultry company defendants to throw out affidavits from several of the state's expert witnesses in the Oklahoma environmental lawsuit against the poultry companies. Additionally, Edmondson claims "Oklahoma would be denied due process if a judge were to throw out" the affidavits. According to the AP article:
Edmondson claims in the motion that the companies' allegations are "ironic," because their experts "are almost all attack experts, (and) their expert reports are almost exclusively rebuttal reports."
The motion filed by Edmonson claims:
Rather than offer an alternative theory or explanation concerning the cause of phosphorous and bacteria pollution in the Illinois River watershed ... defendants' expert opinions serve almost exclusively as a critique of the state's experts.
The poultry companies have not remained silent on the matter. Gary Mickelson, a spokesman for Tyson Foods Inc., said
If our experts undercut the reliability of the state's claims against us, this is no way improper. For example, our experts have already shown that the water quality in the Illinois River watershed is comparable to waters in the rest of the state of Oklahoma, including areas where poultry is not grown.
A trial date has been set for September 21. Earlier this month U.S. District Judge Gregory K. Frizzell denied a request from the defendant poultry companies to delay the trial to allow them more time to handle all the paperwork from Edmondson's office. To read more, click here.

Posted 07/09/09