Courtesy of Conium

Oklahoma Attorney General W.A.D. Edmondson’s contingency lawsuit business took a severe market downturn of its own on Monday, as a federal judge denied W.A.D’s request to stop poultry farmers from using poultry litter as fertilizer in the Illinois River watershed in northeastern Oklahoma. (Click here to read ruling)

In his ruling U.S. District Judge Judge Gregory K. Frizzell concluded that the state had not yet met its burden or proving that bacteria in the waters of the Illinois River watershed are caused by the application of poultry litter rather than other sources, including cattle manure and human septic systems.

Frizell noted that the evidence presented to the court indicated that fecal bacteria in the Illinois River comes “from a number of sources…the record reflects levels of fecal bacteria at similar levels in rivers and streams throughout the state of Oklahoma, including waterways in whose watersheds the record does not evidence similar application of poultry waste.”

The Oklahoma Water Resources Board has released a 2007 study which details 110 sampling stations on 44 streams across the state. Bacteria levels across Oklahoma were such that only 11 stations showed water to be safe for primary body contact.

The Oklahoma Department of Environmental Quality also released a report stating that only 5 bodies of water tested in Oklahoma were considered safe from a bacteria standpoint.

Judge Frizell ruled that the testimony of two of W.A.D’s primary expert witnesses – who were reportedly paid millions of dollars for their work – was not sufficiently reliable, and therefore could not be considered.

The testimony of Valerie Harwood and Dr. Roger Olsen was based on work that “has not been peer reviewed or published,” Frizell noted in his order.

Attorneys across the state are evaluating the significance of Judge Frizell’s order. W.A.D Edmondson stated, “It is important to note that this ruling has no impact on our environmental case.”

Others are debating whether the court’s ruling that the expert witness testimony did not meet the “Daubert Standard” or “Daubert Challenge” – a standard applied to establish the admissibility of expert testimony – will mean the experts will not be allowed to testify to a jury during any upcoming trial.

“If W.A.D.’s experts are not allowed to testify because their testimony is not deemed sufficiently reliable, is there really a case here?” an attorney not involved in the case commented.

W.A.D has announced he is considering running as a candidate for governor, and has expressed confidence that his lawsuit against poultry companies will be resolved by the time his campaign begins.

Jackie Cunningham, The Community Relations Director for the Poultry Community Council said the industry and farmers “were grateful for the opportunity to present the evidence to support our position, and we feel this ruling recognizes what we have been saying since this lawsuit began: the science simply does not support the attorney general’s claims against the hard-working farmers of northeast Oklahoma and northwest Arkansas.”

Related:

From the tip line:

Have you seen or heard about the “Shall We Gather at the River” movie? I haven’t seen it but there has been quite a buzz about it around Tulsa and in the Tulsa World. (see below)

Don McCorkell, who got beat in the Tulsa Mayor’s race has taken it upon him self to make this what he calls a documentary – slamming the poultry industry. I haven’t seen nor do I want to. The fact that he and Drew are working together and Drew is using the piece to tell the folks of Oklahoma that he is their Savior is enough for me.

Also, McCorkell was asked to interview some farmers in northeast Oklahoma about the rules, regulations and laws the farmers are under. Farmers I’ve talked to haven’t heard a word from him. That would tell me he didn’t want to include the truth about all the efforts the farmers make to preserve the environment.

Is Drew and McCorkell trying to influence a jury pool with the movie? They have shown it in Tahlequah, Tulsa and Miami Oklahoma – right in the heart of where jurors will be selected from. That would sure help their chances in court – and it would help the law firms who stand to make so much money if they can win this in court – and in return – that would be that much more money they could contribute to Drew’s political campaign funds.

Also, is McCorkell looking for a job with Drew when/if Drew makes it to the governor’s mansion? That would be my guess – or maybe even in the AG’s office.

Nothing like politics.

Tulsa World (9/14/08) Ex-politician makes his point with documentary

Tulsa World (9/11/08) Documentary plays chicken with the poultry industry 

OKPNS (2/23/07) Edmondson Accepts Contributions from Tulsa World Chairman in ‘06; Also Receives Paper’s Endorsement

Oklahoman’s For Responsible Government: Round 1: Poultry