The class has been certified in an action filed against Tyson Foods, Inc., Simmons Foods, Inc., and Peterson Farms, Inc. on behalf of all private owners of lakefront property on Grand Lake O' the Cherokees in the northeastern corner of Oklahoma as of October 23, 2001. The defendants allegedly damaged the lake when they allowed toxic poultry waste to run off into it, in violation of state environmental laws. The action seeks unspecified compensatory damages.
A second similar class of landowners seeking an injunction requiring the producers to stop polluting the lake also was certified. That class would be composed of owners of lakefront property at the time an injunction is granted. Approximately 4,000 property owners are included in the classes.
The actions allege that the lake has been damaged by poultry waste from a Tyson poultry-processing plant in Noel, Missouri, and by runoff from Tyson chicken farms located in the Grand Lake watershed. A Simmons poultry-processing plant in Southwest City, Missouri, and runoff from Simmons and Peterson farms in the Grand Lake watershed allegedly contributed to the pollution, as well. The waste products flowing into the lake allegedly include chicken wastes, chicken parts, blood, fat, and grease, plus chicken-processing machinery oils and other pollutants generated by the processing operations. The waste products have allegedly caused excessive growth of algae and vegetation in the lake, the formation of scum, white foam, and oily slicks on the water surface and along the shore, foul odors, and discoloration of the water.