Attorney General's Motion to Intervene in poultry pollution suit is denied

AG Dustin McDaniel appeared in federal district court in Tulsa Wednesday on behalf of the state in an attempt to intervene in a lawsuit between Oklahoma and several major poultry companies over pollution in the Illinois River watershed. Procedurally, the only authority to consider a controversy between two states lies with the U.S. Supreme Court, Federal Judge Gregory Frizzell ruled Wednesday.

Governor Beebe had already attempted that maneuver as AG (denied) before filing the Motion to Intervene in district court prior to being elected governor. Judge Frizzell noted that since the request has been denied in district court, the issue can now be raised again at the appellate level (10th Circuit or again at the High Court). McDaniel said that he'll consider that and may file an amicus brief regarding the state's sovereignty.

Ultimately, Arkansas would like to resolve the matter before the Arkansas-Oklahoma Arkansas River Compact Commission (created in 1970 between the two states to deal with water issues). Oklahoma argues that the controversy is not between the two states but between Oklahoma and poultry companies and is therefore properly before the federal district court. Here's coverage from the Arkansas News Bureau.

Here's an Oklahoma perspective from the Tulsa World.