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Tyson agrees to settlement with Oklahoma after decades-long poultry pollution lawsuit

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Tyson agrees to settlement with Oklahoma after decades-long poultry pollution lawsuit


It appears the decades-long legal battle by the state of Oklahoma against poultry companies in northwest Arkansas over the pollution of the Illinois River watershed with chicken litter is reaching its conclusion.

Tyson and Cargill are the latest companies to agree to a settlement with Oklahoma after initially fighting a December federal court ruling holding them liable for pollution in the Illinois River watershed.

The new settlement, agreed to on Thursday, is a lot easier for Tyson and Cargill to swallow than that December ruling and the uncertainty it created.

That ruling demanded that farmers contracted with defendant poultry companies in northwest Arkansas be closely watched for at least 30 years by a monitoring team led by a special master to assure compliance with strict requirements for chicken waste disposal and land application and assess its impact on waterways.

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What’s more, the December ruling would have had poultry companies pay for the team’s work, with initial payments of $10 million into an account and then $5 million more every time the fund fell below $5 million.

Panicking poultry companies, afraid of such a long period of liability and uncapped costs, began refusing to renew contracts with farmers in the region. Some farmers have already found themselves without a contract after being nonrenewed.

The new settlement helps eliminate the uncertainty by asking the companies for one-time payments—Tyson $19 million and Cargill $6.5 million. Some of that money will fund a special master who will ensure compliance with the settlement, but for a time period of seven years rather than at least 30.

For poultry growers in northwest Arkansas, it’s a relief, relatively.

“With the settlement, like I said, we feel a little bit more confident that Tyson would like to stay in northwest Arkansas,” Cheyenne Holliday, a poultry farmer for Tyson in Washington County, told KATV. Holliday says Tyson has told her family that their contract would not be renewed.

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But the lawsuit against poultry companies in Arkansas has already done much damage, and the new settlement restricts the land application and sale of chicken litter as fertilizer, an important source of revenue for poultry farmers.

“I think that this is devastating to northwest Arkansas’s poultry industry. Undoubtedly, it’s going to impact the poultry production in northwest Arkansas. Poultry producers not having the ability to sell their litter is going to be hard on them,” Holliday said.

“If our farm was able to get a contract and able to sell our farm for any amount of money, we would probably leave northwest Arkansas. I don’t think that it would be smart business for us to stay in a place where we’re always going to be under the microscope as far as water quality is concerned,” she told KATV.

Holliday and other poultry farmers contracted with defendant companies don’t feel they’ve been treated fairly by the courts—since the lawsuit’s inception two decades ago, they say they’ve taken steps to better protect waterways from chicken litter pollution and say the Illinois River actually meets the original water quality standards demanded by Oklahoma in 2004.

“This settlement does not mean that poultry farmers are guilty of the water quality issue in the Illinois River watershed,” Holliday said.

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What’s more, lawmakers say the state of Arkansas has instituted regulatory reforms to ensure it.

“That initiated a series of laws and changes that I was a part of even before I was in the Legislature to try to address this. I mean, the ultimate part is that we have to do things like we have farm plans that we have to go by. These are soil tests, and these give our application rates that we are supposed to abide by,” State Sen. Bryan King, (R) District 28, told KATV. King himself is a poultry farmer.

It’s not over just yet, as the judge in the case still has to approve Tyson and Cargill’s settlement with Oklahoma. And if he doesn’t do that, the December ruling still stands, and it’s back to the negotiating table.

“There is some relief in knowing that there was a settlement and that Tyson was at least willing to settle and not wait for the appeal process to happen, which could have taken several years. But if the judge doesn’t sign off on this settlement, honestly, the settlements don’t mean anything,” Holliday said.

Tyson, Cargill, and the state of Oklahoma have requested a court hearing for March 2, at which time the judge may decide whether or not to approve the settlement.

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A 21-year-old Arkansas man, formerly from Newaygo, died after crashing dirt bike into tree

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A 21-year-old Arkansas man, formerly from Newaygo, died after crashing dirt bike into tree


An Arkansas man died after crashing a dirt bike on Sunday.

The 21-year-old Arkansas man, formerly from Newaygo, crashed into a tree while riding a dirt bike on private property in Ashland Township near Grant on Sunday before 2:30 p.m., according to Michigan State Police (MSP) troopers.

Emergency responders tried to save his life but he died at the scene.

Troopers are still investigating but do not suspect drugs or alcohol as factors in the crash.

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MSP did not initially release any additional information.



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Arkansas softball heading to NCAA Tournament | Seed, opponent, regional info

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Arkansas softball heading to NCAA Tournament | Seed, opponent, regional info


FAYETTEVILLE — Arkansas softball will once again host an NCAA Regional, this time as the No. 5 overall national seed.

The Razorbacks (42-11) will be the top seed in Fayetteville and open the tournament against fourth-seeded Fordham (27-26) at 4:30 p.m. on Friday, May 15.

Washington (36-18) is the two-seed and will face three-seed South Florida (42-15) that same day inside Bogle Park.

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Arkansas is paired with the Durham Regional hosted by Duke (39-14) for a potential super regional. Arizona (35-16), Marshall (37-17) and Howard (28-17) are joining the Blue Devils in the regional.

This is the sixth consecutive season the Razorbacks will host a regional. It is also the program’s eighth straight NCAA Tournament berth under coach Courtney Deifel. Arkansas has reached the NCAA tournament 14 times, and more than half of those appearances have come under Deifel.

Arkansas ended the season No. 1 in the RPI despite finishing seventh in the SEC standings. The Hogs were eliminated by Alabama in the conference tournament quarterfinals.

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Last year, Arkansas lost to SEC rival Ole Miss in the Super Regionals. The Hogs fell one win shy of reaching the Women’s College World Series for the first time in program history. They are hoping to take that elusive next step this summer and book a trip to Oklahoma City in two weeks time.

Jackson Fuller covers Arkansas football, basketball and baseball for the Southwest Times Record, part of the USA TODAY Network. Reach him at jfuller@usatodayco.com or follow him @jacksonfuller16 on X, formerly known as Twitter. 



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Arkansas’ data race | Arkansas Democrat Gazette

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Arkansas’ data race | Arkansas Democrat Gazette


In the race to build data centers across Arkansas, the Google campus at West Memphis has taken the lead. Google is already hiring electrical engineers and facilities technicians.

I spent several days in West Memphis last summer to report on the amazing economic developments in Crittenden County. Those developments include the explosive growth of Southland Casino, a future Buc-ee’s location adjacent to Interstate 40, and a future water park and hotel complex known as Epic Resort. But even though an official announcement had not been made, city and county officials couldn’t help talking off the record about Google.

That announcement came in October when Google officials confirmed that they will spend $4 billion through the end of 2027. At the time, it was the largest private investment announcement in Arkansas history. The biggest previous capital investment was $3 billion spent on the recently completed Big River Steel II plant in south Mississippi County.

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West Memphis Mayor Marco McClendon believes the total investment by Google could wind up being $7 billion to $10 billion. McClendon said the first phase of the campus will employ about 300 people, with thousands working at the site at the peak of construction.

McClendon said property taxes on the site will produce millions of dollars per year for the West Memphis School District.

The project is being built on an 1,100-acre tract and is expected to take between 18 and 24 months to complete. The campus will include data center structures, office buildings, a power substation, and other infrastructure. In partnership with Entergy Corp., Google will cover the costs associated with powering the facilty. Laura Landreaux, president and CEO of Entergy Arkansas, said the project will “stimulate economic growth in northeast Arkansas and across the state.”

“This project is more than just jobs, buildings and technology,” McClendon said. “It’s about the future of our city, opportunity, investment and education.”

Laurel Brown, regional head of data center public affairs at Google, said: “We’re also working together to bring solar energy and battery storage resources online. We’ll integrate innovative load flexibility into our power contract to reduce our usage during times when the grid is constrained.”

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Google plans to invest $25 million to implement energy efficiency initiatives in this part of the Arkansas Delta. McClendon promises that there will be more announcements regarding what he calls a “community development agreement” between Google and the city. The energy efficiency program will focus on home weatherization, efficiency technology, and energy workforce development.

Google also announced that the University of Arkansas and Arkansas State University will be among the first cohort of what’s known as Google AI for Education Accelerators. Students, faculty and staff will be given access at no cost to Google career certificates and AI training classes.

The West Memphis project, however, didn’t stay atop the list of largest announced capital investments for long.

We learned in January that AVAIO Digital Partners of Connecticut will build a $6 billion facility just south of Little Rock. The 760-acre tract is north of 145th Street and west of Wrightsville. AVAIO officials said the cost could grow to more than $21 billion (think of the tax revenue a project that size could bring) if all elements are added. AVAIO officials said the user of the site will hire more than 500 employees during the next five years.

Sydney Sasser wrote in the Arkansas Democrat-Gazette: “The center will be designed to host the computing, networking and data storage technologies (and the power infrastructure) that underpin cloud computing and artificial intelligence applications. … AVAIO plans to lease space in the data center to other data companies.”

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“It’s our intention that this extraordinary site in the Little Rock area will be both a major pole of data center capacity and an engine of sustained economic and technological momentum for Arkansas,” said Mark McComiskey, the AVAIO CEO.

As is the case in West Memphis, Entergy will supply power for the AVAIO campus.

Just two days after the AVAIO announcement, the Democrat-Gazette reported that Google is the company developing a data center at the nearby Port of Little Rock. Google had yet to announce its involvement in the project. Google is also expected to construct a data center at Conway.

A document that was later submitted by Google to the U.S. Army Corps of Engineers said the campus at the Port of Little Rock will consist of five industrial buildings totaling 1.43 million square feet, two office buildings and an electrical substation.

“Google’s center will also contain transmission lines, a sewer lift station and a parking lot,” Lucas Dufalla wrote in the Democrat-Gazette. “Construction will involve filling about 16.8 acres of wetlands. Google plans to purchase wetland mitigation credits as an offset, according to the application.”

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A revised public notice posted by the Corps said the data center at the port will “likely draw more than 100 megawatts of power.”

So we know Google will have at least three data center campuses in Arkansas–at West Memphis, Little Rock, and Conway. What we don’t know is how many billions of dollars Google eventually will invest in the state.

“Google is investing in the next generation of AI innovation in Arkansas and across the country,” said Ruth Porat, the company’s president and chief investment officer. “We see AI and the energy powering it to be the innovations that will define this century. The upside of AI cannot be unlocked without the energy it requires. That’s why Google is building energy capacity that protects affordability for ratepayers and creates jobs that will drive the AI-powered economy.”

Entergy’s Landreaux described the partnership between Google and Entergy as “a turning point for our state.”

In Clarksville, meanwhile, Serverfarm, a data center developer based in Los Angeles, has plans for a 135-acre campus. The project, located north of Interstate 40, could cost $8 billion with six buildings covering 2.16 million square feet. The land was acquired last October. It was then rezoned from rural to industrial use. The project is expected to be built in three phases. It’s not clear how much the first phase will cost.

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Serverfarm is building data center projects around the world. It’s owned by Manulife, the largest insurance company in Canada and one of the 30 largest fund managers in the world.

In southwest Arkansas, the Economic Development Corp. of Clark County voted last month to sell the 991-acre Southwest Arkansas Mega Site south of Arkadelphia to an unnamed buyer for a data center campus. Members of the board were told that the buyer would make a minimum investment of $1 billion.

Shelley Short, CEO of the Arkadelphia Regional Economic Development Alliance, said: “I’m incredibly excited, but we’ll have to be patient.”

The deal, however, quickly fell through. The Southwest Arkansas Mega Site is back on the market.

During last year’s legislative session, lawmakers changed the definition of data center projects that qualify for tax breaks. Act 548 added to the definition of a “qualified investment” to include a “qualified large data center” that can be but isn’t limited to “nonadjacent physical locations that are connected to each other by fiber and associated equipment.”

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Rex Nelson is a senior editor at the Arkansas Democrat-Gazette.



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