Gov. Stitt signs bill into law giving 'immunity' to poultry companies polluting OK waterways

OKLAHOMA CITY (KFOR)- Governor Kevin Stitt has now signed into law a measure that gives poultry farmers/companies "immunity" for polluting Oklahoma waterways.

Senate Bill 1424 says if companies or farmers are following state laws then they can’t be sued, even if their actions caused harm.

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

"You're immune," said Gov. Stitt.

The proposal does include consequences. It makes the pollution of chicken waste while not following safety guidelines a misdemeanor. It carries a fine no less than $500/day and caps it at $10,000/day.

The Inter-Tribal Council of the Five Civilized Tribes sent a letter to lawmakers May 27 detailing their opposition of SB1424. The council consists of the Seminole Nation, Choctaw Nation, Chickasaw Nation, Muscogee Creek Nation, and Cherokee Nation.

Under the guise of increasing fines for poultry producers and integrators who violate nutrient management plans, SB1424 grants blanket immunity to an industry with a long history of polluting Oklahoma's water.

The Inter-Tribal Council of the Five Civilized Tribes

"It doesn't mean that we're anti-industry, anti-company, anti-farmers, people trying to make a living in various industries. But what we do want to see is the integrity of our water systems held up and make sure that they are clean and that they are not polluted.

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.

"You can't have a business have a permit, doing what they're supposed to do and then come in and let a frivolous lawsuit take place and somehow put them out of business. That's un-American. It's not going to happen in Oklahoma," said Governor Stitt Friday morning. "We had a former Attorney General that sued the chicken industry even though they were following all the rules at the time, saying they should have done something different. Hopefully this will settle this once and for all."

That's too big of a price to pay. The almighty dollar is not the bottom dollar for the Muscogee Creek Nation. We still care about our people, our communities and our future. That ties into our water and our drinking water and people's very livelihood.

Muscogee Creek Nation Press Secretary, Jason Salsman

While chicken waste does not significantly affect the Muscogee Creek Nation's waterways, according to Salsman, he said the Cherokee Nation will be severely impacted.

"We are deeply disappointed by [Thursday's] vote and the fact that this critical issue was rushed through on the final day of the session. The complete lack of transparency surrounding the bill's advancement is unacceptable and poses a serious threat to the safety of our natural resources in northeast Oklahoma. The Cherokee Nation, as the largest tribal sovereign government in the state, remains steadfast in our commitment to protecting our waterways and ensuring the health of all citizens within our reservation. We will continue to explore ways that we can protect our citizens despite the actions of the state," said Cherokee Nation Principal Chief Chuck Hoskin Jr.

Salsman said the Inter-Tribal Council will meet again before the law takes effect November 1 to discuss what's next.

"I wouldn't speculate without speaking with our legal team, but you've seen [lawsuits] before and sometimes that's the only recourse in this day and age," explained Salsman. "We believe in being good stewards of our environment and what we're called to do to take care of this land."

News 4 reached out to Tyson Foods Monday morning for comment on SB1424, but did not receive a response.