Oklahoma Bill Aims To Shield Farmers From Lawsuits Over Waste Runoff If Following State Laws

A bill making its way through the Oklahoma Senate would keep farmers from facing environmental lawsuits if they are following the laws.

Those against the bill say it could lead to rivers being polluted and no one being held accountable.

This issue started 20 years ago when the Oklahoma Attorney General at the time, Drew Edmonson, filed a lawsuit against several poultry companies, accusing them of polluting the Illinois River with chicken waste.

Just last year, a judge in that case, agreed with Oklahoma.

The bill has already passed the House and is now being heard in the State Senate.

It says if companies and farmers are following federal and state regulations, they can’t be sued.

Steve Thompson, the Vice President of Public Policy for the Oklahoma Farm Bureau, says it’s common sense to have a law like this in place.

"We worry about the next generation,” said Thompson. “If that threat is out there that, 'hey, we do what the state asks us to do, and we still might get hit with this lawsuit, we're concerned about the future, and the message that it sends to the next generation.' Or folks in other states who we would like to grow their business in Oklahoma."

Thompson says it would not protect those who are not following the rules when it comes to taking care of the environment.

"This only applies to people who are doing it the right way,” said Thompson. “Those are the kind of folks that we want to make sure that they have a reason to continue to do it that way."

The people against the bill argue it will protect farmers who could be polluting the water with fertilizer runoff.

The Cherokee Nation issued a statement that says in full:

“The Cherokee Nation strongly opposes House Bill 4118. This legislation could have negative impacts to the environment and water quality within the Cherokee Nation Reservation. Our commitment to preserving our land and water is unwavering, and this bill undermines our efforts to safeguard these precious resources for future generations. Our waters and environment have suffered due to pollution from the industry this bill seeks to defend and could exacerbate the degradation of natural resources that our communities depend upon. This bill not only threatens to weaken accountability and resource management practices, it also increases the potential of further water contamination, a critical issue both the tribe and state have worked diligently to address. While we at the Cherokee Nation stand in support of our local farmers and producers, who are vital to our community and economy, I cannot support a bill that does not adequately protect environmental quality within the Cherokee Nation Reservation. Our commitment is to the well-being of our land, water, and people, and it is imperative that legislation reflects a balance between agricultural interests and the urgent need for environmental protection. House Bill 4118, if it stands, fails to strike this necessary balance and therefore, we will work to oppose this bill in the Oklahoma Senate.”

The Five Civilized Tribes, which includes the Cherokee Nation, are also against the bill, saying in full:

“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 opposed 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. 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.”

Marvin Childers, the President of The Poultry Federation, sent News On 6 a statement, saying in full:

“The Poultry Federation is aware of HB 4118, which has a way to go in the State Legislature before language is final. Rep. Hardin’s language seeks to provide protections from frivolous litigation for protein farmers in Oklahoma who are in compliance with the State’s nutrient management plans. Those not in compliance with State regulations would still face various repercussions.”

Oklahoma Attorney General Gentner Drummond did not want to comment on the bill.

News On 6 will update you if the bill passes the Senate and heads to the Governor’s desk.