A federal judge denied the request of two Oklahoma Scenic Rivers commissioners wanting to file a brief in defense of the poultry companies named in the state’s water quality lawsuit.

The ruling, issued Monday by Judge Gregory K. Frizzell in the U.S. District Court of Northern Oklahoma in Tulsa, states that request and four others “are an abuse and should not be allowed.”

Frizzell said the motions filed by commissioners Rick Stubblefield and Steven Randall and several special interest groups would be better described as “friend of the party” briefs.

“Amicus briefs filed by allies of litigants which duplicate the arguments made in the litigants’ briefs ... are an abuse and should not be allowed,” Frizzell wrote in his opinion. “The term ‘amicus curiae’ means friend of the court, not friend of a party.”

In denying the multiple requests, Frizzell cited four grounds to support his reasoning:

• The poultry companies named as defendants in the clean water lawsuit are “represented competently by lawyers who have thoroughly and extensively briefed the relevant issues.”

• Those who filed the requests failed to cite any interests pending in other lawsuits that might be affected by any decision rendered in the lawsuit filed by Oklahoma Attorney General Drew Edmondson.

• The motions and supporting briefs offered nothing new or unique that would provide a different perspective to information already provided by the litigants.

• Permitting the friend-of-the-court briefs to be accepted into the record would require the additional expenditure of resources unnecessarily.

Frizzell’s ruling came in advance of his anticipated announcement regarding Edmondson’s request to halt the application of poultry wastes within the Illinois River watershed until the matter is resolved at trial.

Edmondson’s lawsuit alleges the practice of using poultry wastes as fertilizer has damaged the Illinois River, Lake Tenkiller and other scenic streams in the state.

The lawsuit names Tyson Foods Inc. and 12 other poultry integrators as defendants.

Reach D.E. Smoot at 918-684-2903 or Click Here to Send Email