Two scientists hired by the state of Oklahoma to support its claim that poultry waste is polluting the Illinois River watershed will not be allowed to testify in the state's lawsuit against 13 companies, a federal judge has ruled in the second setback for the state's case in two weeks.

U.S. District Judge Gregory Frizzell ruled Wednesday in Tulsa that the research methods used by geochemist Roger Olsen, were "subjective" and that his conclusions were "unreliable," the Tulsa World reported. Frizzell excluded the testimony of another state expert witness on Tuesday.

Last week, the same judge ruled the state could not seek $611 million in damages from the companies because it hadn't named the Cherokee Nation as a plaintiff in the case and therefore lacked the authority to pursue compensation. 
The watershed lies in an area set aside by the federal government for the Cherokee Nation.

Attorney General Drew Edmondson sued the poultry companies, including Tyson Foods, in 2005, seeking to stop the industry from disposing of what the state claims are excessive amounts of chicken waste on farmland in the watershed. The trial is scheduled to begin Sept. 21.

Olsen has testified that poultry waste contains a unique combination of chemicals and bacteria that he claimed was present in samples collected throughout the watershed, according to the Tulsa World.

Frizzell also excluded testimony from Valerie Harwood, a University of South Florida microbiologist who Edmondson claimed had isolated a biological fingerprint for bacteria linked to poultry.

In 2008, Frizzell rejected the state's request for a preliminary injunction to ban the use of poultry waste as fertilizer in the watershed, ruling it had failed to meet a standard for linking bacteria levels to poultry litter and citing evidence the bacteria came from sources including cattle manure and human waste.

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