Source:  MEATINGPLACE.COM, 7/24/09

A federal judge has ruled the state of Oklahoma cannot seek monetary damages in its environmental lawsuit against a dozen Arkansas poultry companies because it did not name the Cherokee Nation as a plaintiff, the Associated Press reported.

Oklahoma had sought more than $611 million from the companies, including Tyson Foods, it claims polluted the Illinois River watershed with chicken waste.

But the watershed lies in an area set aside by the federal government for the Cherokee Nation, and Oklahoma doesn't have the authority to seek damages on the nation's behalf, U.S. District Court Judge Gregory Frizzell ruled on Wednesday.

He said the state could continue to pursue the lawsuit to stop poultry companies from disposing of what it claims are excessive amounts of chicken waste on farmland in the watershed.

"This ruling is devastating to the state of Oklahoma's case," the AP quoted Arkansas Attorney General Dustin McDaniel as saying.

The lawsuit, filed by Oklahoma Attorney General Drew Edmondson, is set for trial Sept. 21.

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