Posted: Mar 22, 2024 / 06:30 AM CDT
Updated: Mar 22, 2024 / 11:36 AM CDT
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OKLAHOMA CITY (KFOR) — Oklahoma’s Five Civilized Tribes are asking state lawmakers to not move forward with a bill they believe would harm the state’s water quality.
House Bill 4118 says if companies or famers are following state laws then they can’t be sued, even if their actions caused harm.
“It’s a multibillion dollar industry that’s wanting to get away with polluting the water,” said former Oklahoma Attorney General Drew Edmondson.
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The issue started more than 20 years ago when Edmondson filed a lawsuit against several poultry companies accusing them of polluting the Illinois River with chicken waste. Then last year a judge ruled in favor of Oklahoma.
“It’s not a surprise that the poultry industry is looking for any way to get around the judge’s opinion based on that litigation,” said Edmondson.
But the bill’s author, Representative David Hardin (R-Stilwell), said it wouldn’t protect companies who don’t follow environmental protection rules.
“The state can still be sued, the Department of Ag(riculture) can be sued, if you are not in compliance. If you have an approved nutrient management plan and you are not in compliance, then this bill will not cover you,” said Hardin.Poultry companies ask judge to dismiss ruling that they polluted an Oklahoma watershed
Opponents still see the bill as a way to protect farmers who could be polluting water with fertilizer run off.
That includes Oklahoma’s Five Civilized Tribes, who released the following joint statement:
As the Inter-Tribal Council of the Five Civilized Tribes (ITC), an organization that unites the tribal governments of the Cherokee, Chickasaw, Choctaw, Muscogee (Creek) and Seminole Nations, we strongly oppose House Bill 4118.
Poultry farmers and the agriculture industry are essential to our economy, but they also have a responsibility to be good neighbors who avoid polluting the community’s drinking water and recreational areas. That is why current Oklahoma law prohibits the discharge of poultry waste into the waters of the state.
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By removing this common-sensical prohibition, shielding polluters from liability, and replacing these protections with vague rules to be developed by a relatively small state agency, HB 4118 could damage Oklahoma’s ability to keep our waters clean.
The State Department of Agriculture lacks the capacity to protect water quality and ensure best practices across Oklahoma on its own.
We are united in opposition to a bill that threatens to undermine safe drinking water and healthy environments across our Reservations. We ask that House Bill 4118 not advance in the Oklahoma Senate.
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