UPDATE: Poultry Lawsuit

By Associated Press

Tulsa, OK – TULSA, Okla. (AP) A federal judge has ruled that poultry litter can be considered a solid waste under federal environmental laws.

The ruling Friday morning by U.S. District Judge Gregory K. Frizzell was a victory for Oklahoma in the state's pollution lawsuit against 12 Arkansas poultry companies. A trial will be Sept. 21.

Attorneys for the companies had argued that the litter should not be labeled a solid waste because it has a beneficial use as a fertilizer and has market value.

But Frizzell, acknowledging that the issue was still a "very gray" area, ruled that the litter can be considered a solid waste to the extent that it is over-applied on some farm fields.

The hearing resumes Friday afternoon as attorneys continue arguing several pretrial motions.

Copyright 2009 The Associated Press.