Discerning liability for contamination by poultry integrators and producers under US federal law

Abstract

The application of poultry litter on land over many years may lead to excessive quantities of nutrients in soils and water contamination. In a watershed in Oklahoma and Arkansas, litter applications by large numbers of poultry producers have led the state of Oklahoma to bring a lawsuit against poultry integrators under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Oklahoma alleges that poultry waste is being disposed of as a hazardous substance, and that the poultry integrators are facilitating the disposal by placing birds at facilities that deposit litter on fields that do not need additional nutrients. Oklahoma is requesting that the integrators be ordered to pay for all monetary damages suffered and incurred by the state to remedy such wrongful conduct. The state also seeks a permanent injunction requiring the defendants to abate their pollution-causing conduct and other relief, including punitive and exemplary damages. While poultry litter may not appear to be a hazardous substance, in 2005 a federal district court found that it was a substance regulated by CERCLA. Thus, the poultry industry and producers might avoid liability by qualifying for a CERCLA exception. Two are available: federally permitted releases and normal applications of fertiliser. However, despite qualifying under these exceptions, it is incumbent on producers and the industry to recognise that public concerns about environmental contamination require greater efforts. All producers should be employing best management practices and limit applications of litter to only those amounts needed for crop production. Additional voluntary and mandatory oversight might be advantageous in precluding shirkers from engaging in unacceptable practices that contaminate land and water resources.