Oklahoma files appeal in poultry litter case
Headline Legal News
Oklahoma is again hoping to stop 13 Arkansas-based poultry companies from disposing of bird waste in the Illinois River watershed.
The state's 61-page appeal of an earlier judge's ruling was filed late Monday with the 10th U.S. Circuit Court of Appeals in Denver.
Oklahoma had tried to get an injunction to halt a practice thousands of farmers have employed for decades in the 1 million-acre watershed, which occupies parts of Arkansas and Oklahoma: Taking the ammonia-reeking chicken waste — clumped bird droppings, bedding and feathers — and spreading it on their land as a low-cost fertilizer.
The injunction also could have led to similar environmental lawsuits nationwide against the industry, which produced more than 48 billion pounds of chicken in 2006.
But in September, U.S. District Judge Gregory K. Frizzell ruled that Oklahoma "has not yet met its burden of proving that bacteria in the waters" are "caused by the application of poultry litter rather than by other sources, including cattle manure and human septic systems."
Charlie Price, spokesman for Attorney General Drew Edmondson, said that ruling "contained several troubling, and we believe inaccurate, legal interpretations that we feel compelled to present to the higher court."
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Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.