A federal judge in Oklahoma has thrown out a claim by the state of Oklahoma that poultry litter is a solid waste as defined by federal law. U.S. District Judge Gregory Frizzell explained that the Resource Conservation and Recovery Act standard concerns material that is discarded, thrown away or abandoned. He is being quoted as saying, "The state's argument that poultry litter is simply being thrown away is inaccurate."
Calling the decision a serous matter, Oklahoma Attorney General Drew Edmondson says his office would appeal the ruling. Oklahoma alleges that as many as 11 poultry companies are polluting the Illinois River watershed.
Another ruling by Frizzell gave Oklahoma the opportunity to keep its case alive if it can convince him that the poultry companies are responsible for higher amounts of phosphorus that allegedly harms the watershed.