Attorney General Gentner Drummond announced a nearly $44 million settlement resolving the State’s 21-year lawsuit against six companies over poultry litter pollution in the Illinois River Watershed.
Oklahoma sued Tyson Foods, Cargill, George’s, Peterson Farms, Cal-Maine and Simmons Foods in 2005. A federal judge found the companies liable in December 2025, then rejected a narrower settlement with four of the six companies this spring. The agreement resolves the case in full, covering all six companies.
“This agreement allows us to turn the page on a dispute that has gone on for far too long,” Drummond said. “It protects Oklahoma’s water, provides certainty for our poultry industry, and shows that difficult problems can be solved through persistence and good-faith negotiation. When the court asked us to strengthen the agreement, we went back to work and reached a better result. Every company has now made enforceable commitments with clear deadlines, creating a balanced solution that protects our natural resources while supporting one of Oklahoma’s most important industries.”
Under the settlement, the defendants will:
- Pay $41,671,000 into an Environmental Relief Fund for watershed stewardship and litigation costs to be transferred to the Oklahoma Conservation Commission;
- Pay a combined $420,000 in penalties to the Oklahoma Department of Environmental Quality Revolving Fund;
- Fund a combined $1.9 million Auditor Fund to pay for an agreed-upon independent compliance monitor;
- Progressively reduce how much poultry litter removed from poultry houses each year is applied to the land within the watershed — from no more than 40% in years one and two, to no more than 30% in years three and four, down to no more than 20% in years five through seven — and litter exported from the watershed to meet those limits many not be land-applied in any other nutrient-sensitive watershed in Oklahoma;
- Fund, or secure funding for, half the cost of installing vegetative buffers on qualifying poultry farms along Lake Tenkiller and the watershed’s Scenic Rivers, which filter runoff before it reaches the water;
- Submit to annual compliance certifications and audits with financial penalties for any company that does not meet its litter-reduction commitments.
In exchange, the State will move to set aside the December 2025 court judgment and close out the lawsuit once the settlement is finalized. Payments to the Environmental Relief Fund are due within 30 days after the courts vacate the prior judgment and dismiss the case. The settlement runs for seven years, and companies must still follow all of Oklahoma’s litter-management laws during and after that time.
“This settlement protects our water and Oklahoma’s thriving poultry growers. Families in this watershed have waited 21 years for that outcome,” Drummond said. “I’m glad all six companies came to the table to help us get there. This is what it looks like when everyone works together to make Oklahoma better.”
Rep. David Hardin, R-Stilwell, issued the following statement after Attorney General Gentner Drummond announced a new agreement involving the companies named in the long-running Illinois River Watershed poultry litigation:
“After more than two decades of litigation, I am encouraged that the state and all six poultry integrators have reached a new agreement.
The agreement announced this week appears to offer a more balanced path that addresses concerns within the watershed while recognizing the importance of poultry production to our region.
It is important to be clear that this is an agreement between the Attorney General, acting on behalf of the state, and the defendant poultry integrators. It is not yet a court-approved resolution. The agreement must still move through the 10th U.S. Circuit Court of Appeals and the federal district court before the prior judgment can be vacated and the lawsuit dismissed.
There are still important steps ahead, but I am hopeful this agreement will bring this decades-long case closer to a responsible conclusion and provide greater certainty for eastern Oklahoma families.”
The agreement involves Tyson Foods, Cargill, George’s, Peterson Farms, Cal-Maine and Simmons Foods. It includes funding for watershed projects, environmental monitoring and other measures related to poultry litter management. The agreement remains subject to court approval.
