Chicken Litter Case: Denial of State's Motion for Preliminary Injunction

Judge Frizzell heard extended arguments and evidence on the State of Oklahoma's Motion for a Preliminary Injunction in the chicken litter case. The Court recently issued a surprisingly short order denying the State's motion. The Court's ruling can be found here.

Notably, the Court disregarded certain testimony of the State's experts under Daubert. The Court concluded that the testimony was "not sufficiently reliable" because the expert's work had "not been peer reviewed or published." The Court then found that, at this juncture, the State had failed to meet its burden of establishing that the bacteria levels at issue could be "traced to the application of poultry litter."

Newspaper articles about the Court's ruling can be found here, here, and here.