Edmondson: State’s lawyers won’t see big payday in poultry lawsuit

By Liz McMahan

Oklahoma Attorney General Drew Edmondson said the attorneys representing the state in his lawsuit against the poultry industry will not collect any fees in 2010.

“Any cause of action where the state could recoup a lot of money or the lawyers could get paid a lot have been removed from the case,” Edmondson to the Phoenix Editorial Board. “It’s just not available in the causes of action that are left (in the lawsuit).”

Edmondson was in Muskogee to speak about his campaign for the Democratic nomination for governor.

The attorneys in the poultry litter lawsuit were hired on a contingency fee basis, Edmondson said.

“Our expenses to date have been somewhere between $25 million and $30 million and not a penny of it is tax money,” Edmondson said. “All of it has been borne by the law firm that we have retained. If they lose at trial and lose at the 10th Circuit (appeals court), they are out that money.

“Under the contract, the state of Oklahoma doesn’t owe them anything, the poultry companies don’t owe them anything and they will have sacrificed mightily to try to protect the waters of eastern Oklahoma.”

The state’s only expense is that some attorneys from his office also worked on the case, but received no extra pay for the participation.

Edmondson said no matter what the ruling is by the federal judge hearing the lawsuit, the outcome will be appealed.

He said U.S. District Judge Gregory Frizell is aware that the spring cycle for applying chicken litter as fertilizer is coming up soon. Should the judge grant an injunction against land application of chicken litter, he could help protect the waters of the Illinois River and Lake Tenkiller.

The judge will hear closing arguments Feb. 11.

“Our witnesses have been good and strong in supporting every study that’s ever been done on the river that says surface runoff and poultry waste certainly is a major contributor, if not the biggest contributor, to the phosphorous problems on Lake Tenkiller,” Edmondson said.

Those studies show that excessive phosphorous content causes the lake to be 70 percent oxygen dead in the summer, Edmondson said.

Edmondson said his campaign for the governor’s post is going well, that he has kept and even increased his fundraising lead over Democrat Jari Askins and Republican Mary Fallin.

He said whether he is considered a liberal or conservative depends on the issue at hand.

He’s considered very right-wing on capital punishment and on being tough on crime, he said.

When it comes to public education, however, he said he is considered much more progressive.

“I’m a strong believer in public education, in early childhood education,” he said. “I think we need to get out of the cellar in per capita expenditures and teachers’ salaries.”

Throwing money at the problem isn’t the answer by itself, he said.

“I think it’s absolutely correct that we’ve got to couple that with performance,” Edmondson said.

He said he also is a strong supporter of mental health, drug treatment and alcohol treatment and sees effective treatment as being a key in reducing the state’s prison population.

He said the next governor does not need to focus on the 2014 election.

“We’ve got to think about the kids who will be born in 2014 and what kind of Oklahoma they are going to have when they become adults,” he said.

Reach Liz McMahan at 918-684-2926 orClick Here to Send Email

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