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Attorney Gen. of Okla. v. Tyson Foods, Inc.

ELR Citation: 39 ELR 20104
Nos. No. 08-5154, (10th Cir., 05/13/2009)

The Tenth Circuit upheld a lower court decision denying Oklahoma's motion to preliminarily enjoin a food producer from disposing of poultry waste on lands within the Illinois River watershed. The lower court ruled that Oklahoma failed to establish a causal link between the land application of poultry litter and bacteria in the watershed. Accordingly, it ruled that the state could not demonstrate a likelihood of success on its claim that the land application of poultry litter may present an imminent and substantial danger under the Resource Conservation and Recovery Act. There is sufficient record evidence to support the lower court's ruling under an abuse of discretion standard of review. In addition, the lower court did not err in discounting certain expert testimony offered by the state as insufficiently reliable.