Oklahoma judge creates new large poultry farm requirements for Agriculture Department
A district judge in Delaware County ruled that the Oklahoma Department of Agriculture, Food and Forestry must give greater public notice, and consider public input and pollution issues prior to authorizing the construction of large poultry farms.
Judge David Crutchfield issued the order in a case against the Agriculture Department. Owners of the poultry operations are listed as "interested parties" in the lawsuit. The Spring Creek Coalition, the plaintiff, is a group of citizens who live, own property, work or frequent the Spring Creek watershed area in Delaware County.
Crutchfield ruled on June 28 that the Agriculture Department cannot approve registration, licenses or permits for the construction of new poultry farms exceeding 125,000 chickens until the agency has met new requirements. The department must give written notice to landowners within one mile of the proposed facility at least 90 days prior to construction. The notice should include the size of the facility, the number of chickens and instructions to request a public hearing on concerns, among other items.
Two public notices must also be published in a local newspaper, containing similar information.
The Agriculture Department must also provide "meaningful consideration" of public concerns surrounding the environmental effects the facility may have on the air and water sources.
The Spring Creek Coalition's lawsuit alleged that the Agriculture Department violated due process by not allowing ample opportunity for public input on the construction of new large poultry farms.
In his judgment, Crutchfield wrote that the court found that the department didn't adequately inform Spring Creek of their due process rights to address their grievances.
"The court further finds the Department's treatment of Spring Creek and its protest letters to be deceptive and made with the intent to deny the Plaintiff and its members due process rights, including the right to notice and right to be heard," Crutchfield wrote in his judgment.
