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FOR IMMEDIATE RELEASE
7 , 2003
CONTACT:
Orli Cotel (415) 977-5627
Aloma Dew (270) 685-2034

TYSON ON THE HOOK FOR FACTORY FARM POLLUTION

Court Rules that Tyson is Liable for Failure to Report Dangerous Ammonia Emissions

Owensboro, Kentucky -- A federal court in Kentucky ruled today that food giant Tyson is responsible for pollution at factory farms. The Sierra Club and local residents sued Tyson for failing to report hazardous releases of ammonia from four animal factories under its supervision, located in Webster, McClean, and Hopkins counties. Animal factories are huge chicken production operations that pack tens of thousands of chickens into closed buildings. When people breathe ammonia, the toxic gas can cause respiratory problems, and in some cases can be fatal.

“This decision is a huge victory for Kentuckians,” said Aloma Dew, Conservation Organizer for the Sierra Club.  “Tyson is finally being held accountable for the mess created by its giant animal factories.” 

Under both the Superfund law and Community-Right-to-Know laws, which form the basis of the Sierra Club lawsuit, polluters that emit more than 100 pounds of ammonia per day must report those releases to the federal government and the local community emergency coordinator. The legislation was enacted so that governments and members of the public could learn what hazards they face from potential toxic substance releases.

Tyson had argued that it was not responsible for pollution from its factory farms because the operations are run by people who raise chickens for Tyson under contract. Federal Court Judge Joseph McKinley saw through Tyson’s arguments, ruling that Tyson is “clearly in a position of responsibility and power with respect to each facility . . . and has the capacity to prevent and abate the alleged environmental damage.” 

“This court confirmed that Tyson is not above the law,” explained Sierra Club attorney Barclay Rogers. “Tyson must pay for the problems it causes.”

“Giant, corporate-owned factory farms are polluting our air and water, and are displacing local family farms. Today, the court dealt a blow to corporate agriculture that has crept into Kentucky, threatening the way of life of our family farmers who believe in good-neighbor practices and care about the land and the law,” said Dew.

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