Arkansas will not yield: Defending our farmers against Oklahoma AG’s overreach
For two decades, Oklahoma Attorneys General have pursued a misguided lawsuit against Arkansas-based poultry companies operating in the Illinois River Watershed. This litigation, originally filed in 2005, has morphed into an unprecedented attempt to dictate agricultural practices beyond Oklahoma’s borders—just like California has tried to do for years. Arkansas will continue to oppose Oklahoma’s attempt to threaten our farmers, weaken our economy, and limit our sovereignty.
The case centers on allegations that poultry litter used as fertilizer in Arkansas contributes to phosphorus levels in Oklahoma waterways. After years of litigation, a federal judge in Tulsa ruled that conditions in the watershed remain impaired and indicated that penalties against poultry companies could exceed $100 million. Oklahoma Attorney General Gentner Drummond has proposed extreme restrictions that would devastate Arkansas growers. These growers have followed best-management practices for years and complied with every relevant Arkansas and Oklahoma regulation.
Imagine you build a business and take every precaution to follow the laws where you live, but an out-of-state attorney sues and convinces a judge to arbitrarily impose crippling requirements that threaten the continued existence of everything you’ve built. The poultry industry is living through that dystopian reality right now.
This lawsuit is not about protecting farmers—it’s about punishing them. AG Drummond’s rhetoric paints hardworking Arkansas families as villains, while seeking to impose rules that would devastate one of our most important industries. Poultry is a vital component of Arkansas agriculture, supporting tens of thousands of jobs and generating billions of dollars in economic activity. These growers are not faceless corporations; they are our neighbors, church members, and community leaders. They deserve respect—not scapegoating.
That is why I have taken decisive action to defend Arkansas. In 2023, I sent a delegation of senior staff to Tulsa to protect Arkansas’s interests in a mediation and to seek a conclusion to this decades-long nightmare. It was clear from that meeting there was little interest in hearing Arkansas’s perspective and actually resolving the dispute.
In 2024, I sent a detailed letter to the court, urging it to reject the Oklahoma AG’s overreach. In that letter, I emphasized that Arkansas has robust nutrient-management programs and science-based regulations that protect water quality without destroying livelihoods. I warned that AG Drummond’s demands, such as banning poultry litter on fields with certain soil phosphorus levels, would effectively export the AG’s desires into Arkansas, violating principles of federalism and state sovereignty. The court refused the letter but invited us to submit an amicus brief at a later date.
Six months later, as the court suggested, I attempted to file an amicus brief outlining the grave consequences of AG Drummond’s proposed remedies. But, again, the court refused to allow the filing. My brief outlined the impact the case would have on Arkansas farmers and the constitutional concerns raised by one state attempting to regulate another’s agricultural practices. In the same breath, the court immediately entered an order reaffirming the poultry companies’ liability and stating that conditions had not materially changed in the watershed since the 2010 trial and years of remediation efforts by Arkansas and Oklahoma.
Our position is simple: Arkansas controls Arkansas agriculture. We will not allow another state to dictate how our farmers operate. California has tried to dictate the environmental policies of other states for years. Now Attorney General Drummond is stealing a page from their playbook. If the Oklahoma AG succeeds, where does it end? Today it’s poultry; tomorrow it could be rice, timber, or manufacturing. This is a dangerous precedent that threatens the constitutional balance between states.
Moreover, AG Drummond’s narrative ignores reality. Water quality in the Illinois River Watershed has improved significantly over the past decade thanks to voluntary conservation efforts and cooperative agreements between Arkansas and Oklahoma. Our farmers have invested in buffer strips, litter storage facilities, and nutrient management plans. These are real solutions, not punitive measures designed to score political points.
The stakes could not be higher. If the lawsuit is successful, Arkansas growers will face crushing costs, contract cancellations, and uncertainty that ripples through rural communities. Jobs will vanish. Families will suffer. And for what? A plan that even AG Drummond’s own experts admit will take decades to show results, while ignoring collaborative approaches that have already delivered progress.
Arkansas will continue to fight. We will continue to pursue every legal avenue to protect our farmers and uphold our sovereignty. I call on Oklahoma and Arkansas leaders and agricultural organizations to stand united against this assault on farmers and Arkansas values. We value clean water along with fairness, science, and the rule of law.
To Attorney General Drummond, I say this: Work with us, not against us. Litigation is not a water-quality strategy—cooperation is. We have shown up at every turn with a willingness to collaborate. Arkansas remains committed to solutions that balance environmental stewardship with economic vitality. But we will not be cowed by bullies from another state who threaten our way of life.
Our farmers deserve champions, not uninformed critics. As Attorney General, I will continue to be that champion. Arkansas will not yield.
Editor’s note: Tim Griffin is the Attorney General for the state of Arkansas. The opinions expressed are those of the author.