Oklahoma AG seeks to hold poultry companies liable for remediation of the Illinois River watershed

in a landmark ruling concluding a two-decade legal battle, U.S. District Judge Gregory Frizzell has held major poultry corporations, including Tyson Foods, Cargill, George's, Simmons Foods, and Cal-Maine Foods, responsible for ongoing phosphorus pollution in the Illinois River Watershed (IRW)

. The judgment requires the companies to finance a phased remediation effort lasting at least 30 years, imposes immediate restrictions on poultry waste application, and assesses a total of $350,000 in civil penalties

.The lawsuit, originally filed by Oklahoma in 2005, alleges that excess phosphorus from poultry litter applied as fertilizer on lands in the watershed—spanning northeastern Oklahoma and northwestern Arkansas—has caused harmful algal blooms, reduced water clarity, and degraded scenic rivers and Lake Tenkiller.Key elements of Judge Frizzell's 33-page order include:

• Remediation Plan: A three-phased approach to cleanup, with defendants jointly and severally liable for all costs, including investigation, planning, implementation, and long-term monitoring.

• Special Master Oversight: The court will appoint a special master with judicial immunity to manage the process for at least 30 years. The master will hire technical experts, conduct testing, develop remediation plans, and oversee a Watershed Monitoring Team to inspect farms and land application sites. Reports will be publicly available on the court docket. Defendants must fund the special master's operations and establish an "evergreen" fund starting at $10 million, replenished as needed.

• Immediate Injunction on Waste Application: Effective immediately, land application of poultry waste is restricted where soil test phosphorus (STP) exceeds 120 pounds per acre. Additionally, application rates are capped at two tons per acre or less. The companies must indemnify contract growers against costs or income losses related to waste disposal.

• Penalties: A combined $350,000 in civil penalties, significantly less than the over $100 million sought by the state earlier this year.

  
  

Oklahoma Attorney General Gentner Drummond responded to the ruling, emphasizing its industry-wide implications while extending an olive branch for settlement.

“This judgment has significant ramifications for the industry. These consequences underscore why we have focused on the importance of negotiations with the poultry companies before getting to this point,” Drummond stated.

He added: “A robust poultry industry and clean water can and must coexist. I remain committed to working with the poultry companies toward a resolution. I can help facilitate negotiations that achieve cleanup of the watershed while supporting Oklahoma farmers. Let's find a path forward together. I fervently believe there are solutions that will clean up our water while ensuring a strong and enduring poultry business in Oklahoma.”

Drummond noted that the companies now face a choice: appeal the decision, risking years of litigation and uncertainty, or return to the negotiating table for a settlement that could provide greater flexibility.

The ruling follows a June 2025 finding by Judge Frizzell that phosphorus levels from poultry waste remain a major contributor to watershed damage, with no substantive improvements since the original 2009-2010 trial.

Industry representatives have previously expressed concerns that stringent measures could impact contract farmers, though the judgment places financial responsibility squarely on the corporations. Appeals are possible, potentially prolonging the case

.The Illinois River Watershed is valued for recreation, fishing, and tourism, making its water quality a priority for Oklahoma residents and environmental advocates.