The Morning News
Local News for Northwest Arkansas
Judge Dismisses Much Of Oklahoma Water Quality Lawsuit
By Doug Thompson
THE MORNING NEWS
FAYETTEVILLE — A federal court judge dismissed all claims to monetary damages against Arkansas poultry companies in a water quality lawsuit brought by the Oklahoma attorney general.
The Cherokee Nation is an "indispensable" party to the lawsuit's claims and Oklahoma erred in not bringing the tribes into the 2005 suit against 13 Arkansas poultry companies, a federal judge ruled Wednesday in Tulsa, Okla.
The ruling sweeps away Oklahoma's claims of damages of up to $611,529,987, court documents show. The remaining claims are that the Arkansas companies are violating Oklahoma environmental and agricultural law in the disposal of chicken litter in the Illinois River watershed. The suit asks the court to force the poultry producers to comply with those laws.
The case is set for trial Sept. 21, U.S. District Judge Gregory K. Frizzell ruled earlier from his court for the Northern District of Oklahoma.
"While today's ruling removes some of the state's causes, it leaves intact the most important claims — those on injunctive relief," Attorney General Drew Edmondson said in a statement. "This case has never been about money. The case is about protecting the watershed from pollution.
"We are reviewing our options as to how to proceed," Edmondson said.
The Illinois River flows through Northwest Arkansas and northeast Oklahoma. The watershed of the river includes some of the poultry producing region of Northwest Arkansas.
"The Cherokee Nation is an indispensable party and, pursuant to (federal court) Rule 19-b, plaintiff's claims for damages should not, in equity and good conscience, be allowed to proceed among the existing parties," Frizzell said in a 23-page order issued Wednesday.
"We're pleased with the ruling and are grateful the court viewed this matter as seriously as we did," said a statement from Gary Mickelson, spokesman for Tyson Foods of Springdale. "The decision confirms our motion was not the 'legal gimmick' or 'scheme' the attorney general's office claimed it was. We will now be evaluating what the court's decision means to our overall case going forward."
Edmondson's office and the Cherokee Nation reached an agreement in May including the tribes in any monetary damages awarded to Oklahoma. That agreement was reached after defendants filed complaints the Cherokees, not Oklahoma, held much of the land and water rights in the region. That agreement did not satisfy federal court requirements, Frizzell ruled.
The governor of Oklahoma, not the attorney general, is the proper office holder to negotiate binding agreements with the Cherokees and even then any such agreement would require approval by the Oklahoma Legislature, said attorney Marvin Childers, head of the Poultry Federation, an industry lobby.
Frizzell's ruling is without prejudice, which means Oklahoma can refile for monetary damages if an agreement is reached with the Cherokees and get the required state legislative approval, Childers said. "The judge's ruling was very clear about what hoops everybody would have to jump through," he said.
Edmondson is running for governor of Oklahoma.
Arkansas Attorney General Dustin McDaniel said while it's technically true the state could refile the monetary claims, "If I were in that position, I'd give long and hard consideration of whether I wanted to go fight this fight again."
McDaniel tried to have Arkansas included in the lawsuit as an interested party, claiming Oklahoma's suit was an attempt to impose Oklahoma law on Arkansas farmers. That attempt to intervene was unsuccessful.
"Oklahoma may claim that it's not about the money, but I doubt the private firm that's representing them in this case feels the same way," McDaniel said. Those private lawyers had incurred $25 million in expenses by the end of last year, Edmondson told an Oklahoma legislative committee in January.
With the monetary claims struck down, the remaining parts are all based on proving Arkansas poultry operations are the cause of pollution in the Illinois River, McDaniel said.
Oklahoma doesn't have any more evidence that poultry is causing pollution of their rivers than it did when they couldn't convince the court to issue an injunction to stop land application of litter in the Illinois watershed, McDaniel said.
When Frizzell denied the injunction, he said levels of pollution in the Illinois River were no higher than Oklahoma rivers that didn't have poultry litter spread in their watersheds.
"Nothing's over until it's absolutely over, but the ruling today is devastating to the state of Oklahoma's case," McDaniel said Wednesday. "Farmers I've talked to in the last hour are hopeful that this truly is the beginning of the end of this litigation. I think they have good cause to believe that."
Thursday, July 23, 2009
Thursday, July 9, 2009
Green-infrastructure and Land-Use Committee to meet at 7 p.m. today in Fayetteville City Hall
THE NEXT MEETING OF THE FAYETTEVILLE FORWARD ECONOMIC ACCOUNTABILITY COUNCIL'S LAND USE PLANNING AND GREEN INFRASTRUCTURE COMMITTEE WILL BE:
THURSDAY---JULY 9-----7 PM-----ROOM 111 ------ CITY HALL
GOAL SETTING: This meeting will briefly review the "What We Have" and "What We Need" of each category and determine short term goals in order to take our information and needs to the next level. Committees have been formed and objectives outlined:
Define and Identify: Land Use Planning and Green Infrastructure
Develop: Policy-- To make Land Use and Green Infrastructure Plan
Describe: Economic Impacts with or without LU & GI Planning
The Committee will review discussion at the June 4 meeting summarized below::
Bob Caulk of the Fayetteville Natural Heritage Association presented a power point program outlining the organizations work to date including maps of green areas within and surrounding Fayetteville. He also described the group’s ongoing effort to present infrastructure planning into the small towns on Fayetteville’s borders -- Johnson, Greenland, Farmington, and the Lake Wedington area---as well as plans to bring their project to Fayetteville.
Three poster boards were available for recording WHAT WE HAVE and WHAT WE NEED in each of the three categories for attendees to suggest where the community should be putting green infrastructure/land use planning into the working policies of our community and area.
IDENTIFY: LAND USE PLANNING AND GREEN RASTRUCTURE
What We Have---
--Maps/work/contacts generated by Fayetteville Natural Heritage Association
--School grounds, parks, trails, green spaces –private and public
--Botanical Garden of the Ozarks
--“will”
What We Need----
--Geologic map of city
--Inventory of old growth forest remnants
--Outreach to neighborhoods, individuals, businesses, and other communities to explain and garner support for green infrastructure
DEVELOP: POLICIES –TO MAKE LAND USE & GREEN INFRASTRUCTURE A REALITY
What we have----
Stormwater Issues & Actions
--Developing Stormwater Feasability Study—by Council Directive
--Stormwater infrastructure
--Planning Ordinances & Policies
--Field staff for storm water maintenance
--Nutrient Reduction Plan
Trees---Tree Preservation Ordinance and Landscape Manual
Green Teams---in schools
What we need-----
Storm Water--Complete Storm Water Feasibility Study
--Develop way to move forward—
--Identify ordinances, structure, philosophy, changes
Trees & Habitat
--Conduct Ecological analysis to see if Tree Ordinance working
--Establish a Wildlife Habitat Preservation Ordinance as part of Green Infrastructure
--Conduct a UFORE study to establish data on what trees contribute from an economic point of view
--Encourage use of native plant species
Other----
--Establish a Riparian Zone Ordinance
--Improve/strengthen the Hillside Ordinance
--Transfer Development Rights---get state enabling legislation passed
--Underground Utility policy for public construction projects
--Habitat or conservation zoning
--Education about structural designs that support roof gardens, etc.
--Bees throughout city –attention to insects and pollination needs they provide as well as the ecological system links between insects and bird and bat populations
--Educate children and adults
ECONOMICS ---IMPACTS OF LAND USE PLANNING & GREEN INFRASTRUCTURE
What we have----
--Websites & Links
* Robert Costanza/ Gund Institute Website: http://www.uvm.edu/giee/?Page=about/Robert_Costanza.html&SM=about/about_menu.html
“The Gund Institute for Ecological Economics (GIEE) is an environmental institute housed at The Rubenstein School of Environment and Natural Resources at the University of Vermont. Its primary mission is the study of the relationships between ecological and economic systems through the collaborative work of experts, educators, students, and others from around the world and across a wide variety of academic and environmental disciplines related to ecological economics."
:
THURSDAY---JULY 9-----7 PM-----ROOM 111 ------ CITY HALL
GOAL SETTING: This meeting will briefly review the "What We Have" and "What We Need" of each category and determine short term goals in order to take our information and needs to the next level. Committees have been formed and objectives outlined:
Define and Identify: Land Use Planning and Green Infrastructure
Develop: Policy-- To make Land Use and Green Infrastructure Plan
Describe: Economic Impacts with or without LU & GI Planning
The Committee will review discussion at the June 4 meeting summarized below::
Bob Caulk of the Fayetteville Natural Heritage Association presented a power point program outlining the organizations work to date including maps of green areas within and surrounding Fayetteville. He also described the group’s ongoing effort to present infrastructure planning into the small towns on Fayetteville’s borders -- Johnson, Greenland, Farmington, and the Lake Wedington area---as well as plans to bring their project to Fayetteville.
Three poster boards were available for recording WHAT WE HAVE and WHAT WE NEED in each of the three categories for attendees to suggest where the community should be putting green infrastructure/land use planning into the working policies of our community and area.
IDENTIFY: LAND USE PLANNING AND GREEN RASTRUCTURE
What We Have---
--Maps/work/contacts generated by Fayetteville Natural Heritage Association
--School grounds, parks, trails, green spaces –private and public
--Botanical Garden of the Ozarks
--“will”
What We Need----
--Geologic map of city
--Inventory of old growth forest remnants
--Outreach to neighborhoods, individuals, businesses, and other communities to explain and garner support for green infrastructure
DEVELOP: POLICIES –TO MAKE LAND USE & GREEN INFRASTRUCTURE A REALITY
What we have----
Stormwater Issues & Actions
--Developing Stormwater Feasability Study—by Council Directive
--Stormwater infrastructure
--Planning Ordinances & Policies
--Field staff for storm water maintenance
--Nutrient Reduction Plan
Trees---Tree Preservation Ordinance and Landscape Manual
Green Teams---in schools
What we need-----
Storm Water--Complete Storm Water Feasibility Study
--Develop way to move forward—
--Identify ordinances, structure, philosophy, changes
Trees & Habitat
--Conduct Ecological analysis to see if Tree Ordinance working
--Establish a Wildlife Habitat Preservation Ordinance as part of Green Infrastructure
--Conduct a UFORE study to establish data on what trees contribute from an economic point of view
--Encourage use of native plant species
Other----
--Establish a Riparian Zone Ordinance
--Improve/strengthen the Hillside Ordinance
--Transfer Development Rights---get state enabling legislation passed
--Underground Utility policy for public construction projects
--Habitat or conservation zoning
--Education about structural designs that support roof gardens, etc.
--Bees throughout city –attention to insects and pollination needs they provide as well as the ecological system links between insects and bird and bat populations
--Educate children and adults
ECONOMICS ---IMPACTS OF LAND USE PLANNING & GREEN INFRASTRUCTURE
What we have----
--Websites & Links
* Robert Costanza/ Gund Institute Website: http://www.uvm.edu/giee/?Page=about/Robert_Costanza.html&SM=about/about_menu.html
“The Gund Institute for Ecological Economics (GIEE) is an environmental institute housed at The Rubenstein School of Environment and Natural Resources at the University of Vermont. Its primary mission is the study of the relationships between ecological and economic systems through the collaborative work of experts, educators, students, and others from around the world and across a wide variety of academic and environmental disciplines related to ecological economics."
:
Green-infrastructure and Land-Use Committee to meet at 7 p.m. today in Fayetteville City Hall
THE NEXT MEETING OF THE FAYETTEVILLE FORWARD ECONOMIC ACCOUNTABILITY COUNCIL'S LAND USE PLANNING AND GREEN INFRASTRUCTURE COMMITTEE WILL BE:
THURSDAY---JULY 9-----7 PM-----ROOM 111 ------ CITY HALL
GOAL SETTING: This meeting will briefly review the "What We Have" and "What We Need" of each category and determine short term goals in order to take our information and needs to the next level. Committees have been formed and objectives outlined:
Define and Identify: Land Use Planning and Green Infrastructure
Develop: Policy-- To make Land Use and Green Infrastructure Plan
Describe: Economic Impacts with or without LU & GI Planning
The Committee will review discussion at the June 4 meeting summarized below::
Bob Caulk of the Fayetteville Natural Heritage Association presented a power point program outlining the organizations work to date including maps of green areas within and surrounding Fayetteville. He also described the group’s ongoing effort to present infrastructure planning into the small towns on Fayetteville’s borders -- Johnson, Greenland, Farmington, and the Lake Wedington area---as well as plans to bring their project to Fayetteville.
Three poster boards were available for recording WHAT WE HAVE and WHAT WE NEED in each of the three categories for attendees to suggest where the community should be putting green infrastructure/land use planning into the working policies of our community and area.
IDENTIFY: LAND USE PLANNING AND GREEN RASTRUCTURE
What We Have---
--Maps/work/contacts generated by Fayetteville Natural Heritage Association
--School grounds, parks, trails, green spaces –private and public
--Botanical Garden of the Ozarks
--“will”
What We Need----
--Geologic map of city
--Inventory of old growth forest remnants
--Outreach to neighborhoods, individuals, businesses, and other communities to explain and garner support for green infrastructure
DEVELOP: POLICIES –TO MAKE LAND USE & GREEN INFRASTRUCTURE A REALITY
What we have----
Stormwater Issues & Actions
--Developing Stormwater Feasability Study—by Council Directive
--Stormwater infrastructure
--Planning Ordinances & Policies
--Field staff for storm water maintenance
--Nutrient Reduction Plan
Trees---Tree Preservation Ordinance and Landscape Manual
Green Teams---in schools
What we need-----
Storm Water--Complete Storm Water Feasibility Study
--Develop way to move forward—
--Identify ordinances, structure, philosophy, changes
Trees & Habitat
--Conduct Ecological analysis to see if Tree Ordinance working
--Establish a Wildlife Habitat Preservation Ordinance as part of Green Infrastructure
--Conduct a UFORE study to establish data on what trees contribute from an economic point of view
--Encourage use of native plant species
Other----
--Establish a Riparian Zone Ordinance
--Improve/strengthen the Hillside Ordinance
--Transfer Development Rights---get state enabling legislation passed
--Underground Utility policy for public construction projects
--Habitat or conservation zoning
--Education about structural designs that support roof gardens, etc.
--Bees throughout city –attention to insects and pollination needs they provide as well as the ecological system links between insects and bird and bat populations
--Educate children and adults
ECONOMICS ---IMPACTS OF LAND USE PLANNING & GREEN INFRASTRUCTURE
What we have----
--Websites & Links
* Robert Costanza/ Gund Institute Website: http://www.uvm.edu/giee/?Page=about/Robert_Costanza.html&SM=about/about_menu.html
“The Gund Institute for Ecological Economics (GIEE) is an environmental institute housed at The Rubenstein School of Environment and Natural Resources at the University of Vermont. Its primary mission is the study of the relationships between ecological and economic systems through the collaborative work of experts, educators, students, and others from around the world and across a wide variety of academic and environmental disciplines related to ecological economics."
:
THURSDAY---JULY 9-----7 PM-----ROOM 111 ------ CITY HALL
GOAL SETTING: This meeting will briefly review the "What We Have" and "What We Need" of each category and determine short term goals in order to take our information and needs to the next level. Committees have been formed and objectives outlined:
Define and Identify: Land Use Planning and Green Infrastructure
Develop: Policy-- To make Land Use and Green Infrastructure Plan
Describe: Economic Impacts with or without LU & GI Planning
The Committee will review discussion at the June 4 meeting summarized below::
Bob Caulk of the Fayetteville Natural Heritage Association presented a power point program outlining the organizations work to date including maps of green areas within and surrounding Fayetteville. He also described the group’s ongoing effort to present infrastructure planning into the small towns on Fayetteville’s borders -- Johnson, Greenland, Farmington, and the Lake Wedington area---as well as plans to bring their project to Fayetteville.
Three poster boards were available for recording WHAT WE HAVE and WHAT WE NEED in each of the three categories for attendees to suggest where the community should be putting green infrastructure/land use planning into the working policies of our community and area.
IDENTIFY: LAND USE PLANNING AND GREEN RASTRUCTURE
What We Have---
--Maps/work/contacts generated by Fayetteville Natural Heritage Association
--School grounds, parks, trails, green spaces –private and public
--Botanical Garden of the Ozarks
--“will”
What We Need----
--Geologic map of city
--Inventory of old growth forest remnants
--Outreach to neighborhoods, individuals, businesses, and other communities to explain and garner support for green infrastructure
DEVELOP: POLICIES –TO MAKE LAND USE & GREEN INFRASTRUCTURE A REALITY
What we have----
Stormwater Issues & Actions
--Developing Stormwater Feasability Study—by Council Directive
--Stormwater infrastructure
--Planning Ordinances & Policies
--Field staff for storm water maintenance
--Nutrient Reduction Plan
Trees---Tree Preservation Ordinance and Landscape Manual
Green Teams---in schools
What we need-----
Storm Water--Complete Storm Water Feasibility Study
--Develop way to move forward—
--Identify ordinances, structure, philosophy, changes
Trees & Habitat
--Conduct Ecological analysis to see if Tree Ordinance working
--Establish a Wildlife Habitat Preservation Ordinance as part of Green Infrastructure
--Conduct a UFORE study to establish data on what trees contribute from an economic point of view
--Encourage use of native plant species
Other----
--Establish a Riparian Zone Ordinance
--Improve/strengthen the Hillside Ordinance
--Transfer Development Rights---get state enabling legislation passed
--Underground Utility policy for public construction projects
--Habitat or conservation zoning
--Education about structural designs that support roof gardens, etc.
--Bees throughout city –attention to insects and pollination needs they provide as well as the ecological system links between insects and bird and bat populations
--Educate children and adults
ECONOMICS ---IMPACTS OF LAND USE PLANNING & GREEN INFRASTRUCTURE
What we have----
--Websites & Links
* Robert Costanza/ Gund Institute Website: http://www.uvm.edu/giee/?Page=about/Robert_Costanza.html&SM=about/about_menu.html
“The Gund Institute for Ecological Economics (GIEE) is an environmental institute housed at The Rubenstein School of Environment and Natural Resources at the University of Vermont. Its primary mission is the study of the relationships between ecological and economic systems through the collaborative work of experts, educators, students, and others from around the world and across a wide variety of academic and environmental disciplines related to ecological economics."
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