'Taking a step backwards': OK Senate committee passes bill shielding poultry companies from some liability over pollution

In a controversial turn of events, a House Bill shielding poultry companies from some liability over pollution passed through a Senate committee Monday morning.

OKLAHOMA CITY (KFOR)- In a controversial turn of events, a House Bill shielding poultry companies from some liability over pollution passed through a Senate committee Monday morning.

House Bill 4118 says if companies or farmers are following state laws then they can’t be sued, even if their actions caused harm.

"Whiskey's for drinking. Water's for fighting," said Senator Brent Howard (R-Altus). "Phosphorus levels have gone down. We're seeing improvements and those are a result of the best management practices that this is going to help and encourage the integrators, the growers, to follow."

Th proposal states if chicken companies or farmers follow a nutrient management plan, they'll be protected from any criminal or civil accountability.

"There's still the federal law, the Clean Water Act, as well as within Article two of our constitution, there's private nuisance," added Sen. Howard. "If there's actual trespass or damages on an individual's own lands, that lawsuit is not subject to this prohibition. If anybody violates their nutrient management plan or what they've agreed to... they would not be offered any of these protections that are under this law."

Cherokee Nation Principal Chief Chuck Hoskin Jr. told KFOR he's unaware of any "frivolous lawsuits."

"What I am aware of is that the water quality today in the Illinois River and other waterways in the region of northeast Oklahoma have been degraded as a result of excessive poultry pollution," said Chief Hoskin Jr.

In 2005, then-Attorney General Drew Edmondson filed the suit against 13 poultry companies and subsidiaries for improper litter disposal.

U.S. District Judge Gregory Frizzell in Tulsa ruled in 2023 that Arkansas-based Tyson Foods, Minnesota-based Cargill Inc. and other companies polluted the Illinois River, caused a public nuisance and trespassed by spreading the litter, or manure, on land in eastern Oklahoma, and that it then leached into the river’s watershed.

Sen. Howard was asked Monday morning why the change in Oklahoma's poultry waste bill.

Probably the biggest is we wanted to see what actually came about in that lawsuit. We've had some time to work with [that] industry as to what it would be and encouraging these best practices. The time is based off that and finding out what has been found through the findings and court order there. If we are putting this within the Oklahoma Department of [Agriculture], Food and Forestry, they need to have more teeth and more enforcement ability.

Senator Brent Howard (R-Altus)

Chief Hoskin Jr. said this legislation aims to solve a problem that doesn't exist.

"It would shield them from liability if they violate the rights of people who enjoy the air, land and water. It doesn't seem to me that we need to be taking a step backwards in this state when we know there's been water degradation, not just from the poultry industry. We value the farmers, the men and women involved in the poultry industry, but demonstrably that industry has caused harm to the environment, specifically the waterways and the idea that we're going to shield them from liability to me is absurd and we really need to stop it. I'm disappointed that the Senate committee approved this," explained Chief Hoskin Jr. "We're going to keep pushing because if we don't push, generations from now, they're going to wonder why we let these folks off the hook."

Chief Hoskin Jr. said there aren't enough resources to delegate a nutrient plan by a "really tiny state agency that's really ill equipped to administer it. That doesn't sound like fairness to me. And at the end of the day, that's what we ought to be having. I think this industry is seeking protection. We see this all across the country. A lot of industries don't want to be sued. But you know what? There's checks and balances. And the civil court is one place for that."

Chief Hoskin Jr. told KFOR if the Governor signs this proposal into law, the Cherokee Nation would consider taking legal action.

"Cherokee people have always been good stewards of the land. So much of what our lifeways are about, what our culture is about, is tied to the land, the air and the water. I think we're specifically talking about the preciousness of water here. I can assure the Cherokee people, and I can assure everyone that we're going to take every step possible to protect the land, air and water. If that means challenging this law, we'll keep it on the table. For now, we've got an opportunity to stop a bad law. And this is a bad law. We've got an opportunity to stop it. I think this is something all Oklahomans really have a stake in."

The Muscogee (Creek) Nation said it hasn't considered the possibility of a lawsuit if this proposal were to take effect and was unable to comment on that matter.

Muscogee (Creek) Nation Office of the Principal Chief Press Secretary, Jason Salsman said he is just as disappointed the Senate has advanced HB4118.

"We already have problems keeping our waterways clean. What we want to do is to be able to hold everyone accountable while also making sure that these industries have what they need to be successful and to provide food and nutrition for folks. We certainly don't want that at the cost of having nutrients zapped out of our water and things not looking good in our waterways," stated Salsman.

Salsman said he understands not wanting to be tied up in frivolous lawsuits, but if there are grounds for one, why not proceed?

"At the end of the day, we hope we're all on the same page. We have to have clean drinking water. We have to have the waterways in the ecosystem, our land and our future intact. Nothing could be more sacred than water. It is life. I think that is something that if this goes forward, it's disappointing," added Salsman. "We are the original environmentalists. That's the main thing we have to take care of."

Salsman stated there could be some doable amendments to HB4118 and the Muscogee (Creek) Nation will continue to have those conversations with lawmakers.

"The next time you get water out of the fridge or turn the tap on in your kitchen or your grandchild or small child is taking a bath... think about how much water touches us and goes into our body and all of the things we know that can go wrong with our water system. We're talking many terrible things that can happen. Cancers, antibodies in your system, things that we just don't want to see happen to hard working regular Oklahomans out there that just need to access water. I would just say think about it for a minute, how important it is to us," said Salsman.

In addition to several tribes voicing opposition of HB4118, 14 eco-friendly organizations and the City of Tulsa are asking legislators not to pass this proposal.

A letter dated March 28 was sent to the members of the Oklahoma Senate Agriculture and Rural Affairs Committee.

The letter explains in detail why the co-signers of the letter oppose the bill. It states the proposal:

• Increases environmental contamination.
• Gives no recourse for municipalities, tourism, ranchers/farmers, Tribal Nations, or Oklahoma citizens to recover economic, health or use.
• Communities and rural water systems will incur higher treatment costs due to increased pollutants, passing the expenses on to Oklahoma residents.
• Places the poultry industry above the tourism industry.
• Increases nutrient levels which will degrade water quality.
• Challenges the Nations' sovereign rights to protect natural resources.
• Undermines Oklahoma citizens' constitutional rights.

"We've had lots of conversations with the legislature. They listen to us. I don't know that they've heard us, but they've listened to us. They say they're taking our concerns into account. But the fact of the matter is the farm lobby in Oklahoma is very powerful," said Brendan Hoover with the Kirkpatrick Policy Group.

The Kirkpatrick Policy Group is one of the 14 organizations that sent a letter of opposition to the Senate.

"This is an age old argument," said Hoover. "To use Oklahoma's waterways as a dumping ground for pollution, that's not right. We need tight regulation, strict regulations to make sure that our waterways are not polluted. We really feel this bill should be killed. There's not any amendment in our opinion that would make it doable for us."

HB4118 passed out of a Senate committee Monday morning with only one vote against it. It now goes to the Senate floor for further deliberation before going to the Governor's desk for a signature.