Oklahoma governor signs bill to protect poultry farmers

The law grants “statutory immunity from nuisance liability” to poultry growers, operators, integrators and waste applicators.

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Oklahoma governor Kevin Stitt approved a proposed bill that is said to protect Oklahoma poultry producers from legal action over environmental issues.

Rep. David Hardin, R-Stilwell, drafted the bill known as HB 4118, which would grant “statutory immunity from nuisance liability” to poultry growers, operators, integrators and waste applicators, as long as they had a state-approved Nutrient Management Plan, and were in compliance with that plan.

"If you have a permit, and you're doing what you're supposed to do, in my movie, that's what you should be doing," Stitt said May 31 at his weekly news conference.

"If you're not doing what you're supposed to do then the Department of Ag should hammer you for it, or you should be held accountable for not following the rules on your permit," he added.

Opposition to HB 4118

HB 4118 has had its opponents.

In April, the state’s former Gov. Frank Keating and Attorney General Drew Edmondson wrote a letter to the editor of The Oklahoman to express concern about how HB 4118 would nullify legislation designed to protect Oklahoma’s water supply that was passed during their terms in office. Keating was governor from 1995 to 2003, while Edmondson was attorney general 1995 to 2011.

The duo acknowledged “there may well be a problem with nuisance lawsuits under current law,” but added that “HB4118 is not the answer.”

In addition, in March, the Inter-Tribal Council of the Five Civilized Tribes, wrote to senators, voicing opposition. The council represents the Cherokee, Chickasaw, Choctaw, Muscogee (Creek) and Seminole tribes.

“We have always supported and honored the work of poultry farmers and the agriculture industry. Like any industry, they also have a responsibility to be good neighbors who avoid polluting waters relied on by the whole community. That is why current Oklahoma law prohibits the discharge of poultry waste into the waters of the state,” the council’s letter read.

 

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