On a case in Oklahoma that began in 2009, the Court ruled, in response to a Rule 52(c) motion, among other things, that:

• Poultry litter is an agricultural commodity for which there is both a market and a market value in the watershed.
• Poultry litter has market value because it can be beneficially used as a soil amendment.
• The State did not produce sufficient evidence to convince the Court that farmers, ranchers or other applicators of poultry litter in the Illinois River Watershed land-applied poultry litter within the watershed solely to discard it.
• Under the applicable law and the evidence produced at trial, poultry litter is not a “solid waste” under RCRA, and therefore the State’s RCRA claim was dismissed.

UPDATE ON THE POULTRY LITIGATION IN OKLAHOMA Poultry litter is not a solid waste under RCRA – Posted on February 26, 2010 by Linda C. Martin