State of Oklahoma, et al v. Tyson Foods, et al
| STATE OF OKLAHOMA EX REL. GENTNER DRUMMOND, in his capacity as Attorney General of the State of Oklahoma and OKLAHOMA SECRETARY OF ENERGY AND ENVIRONMENT JEFF STARLING, in his capacity as the Trustee for Natural Resources for the State of Oklahoma |
| TYSON FOODS, INC., TYSON POULTRY, INC., TYSON CHICKEN, INC., COBB-VANTRESS, INC., CAL-MAINE FOODS, INC., CARGILL, INC., CARGILL TURKEY PRODUCTION, LLC, GEORGE'S, INC., GEORGE'S FARMS, INC., PETERSON FARMS, INC. and SIMMONS FOODS, INC. |
| 26-5065 |
| May 13, 2026 |
| U.S. Court of Appeals, Tenth Circuit |
| Environmental Matters |
Docket Report
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| Filing 38 [11297800] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time for Defendants - Appellants/Cross-Appellees' to file first uncited brief on cross-appeal until 08/13/2026. [26-5000, 26-5001, 26-5010, 26-5065, 26-5002, 26-5003, 26-5004, 26-5005, 26-5039, 26-5043, 26-5044, 26-5045] [Entered: 07/10/2026 05:14 PM] |
| Filing 37 [11293688] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time for Defendants - Appellants/Cross-Appellees' to file first uncited brief on cross-appeal until 07/13/2026. [26-5000, 26-5001, 26-5010, 26-5065, 26-5002, 26-5003, 26-5004, 26-5005, 26-5039, 26-5043, 26-5044, 26-5045] --[Replaced PDF 06/29/2026 by SLS with amended letter that shows deadlines for all party briefs and joint appendix.] [Entered: 06/26/2026 03:31 PM] |
Filing 36
[11293366] Order filed by Judges Matheson and Bacharach granting, as modified, appellants' motion on briefing format. Appellants may file four first briefs on cross appeal divided by subject matter rather than parties. The four briefs shall not exceed 48,000 words in total. The required attachments to the first brief should only be included with the brief in which the appellants will start their arguments. Second brief on cross appeal shall not exceed 56,640 words. Appellants may file four third briefs on cross appeal, which shall not exceed 48,000 words in total. Fourth brief on cross appeal shall not exceed 24,000 words. Please see attached order for additional information. Served on 06/25/2026. [26-5000, 26-5001, 26-5010, 26-5065, 26-5002, 26-5003, 26-5004, 26-5005, 26-5039, 26-5043, 26-5044, 26-5045] [Entered: 06/25/2026 03:26 PM]
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| Filing 35 [11291830] Response filed by Gentner Drummond and Jeff Starling in 26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045, 26-5065 to Defendant-Appellants' Motion on Briefing Format, Dkt.53 and Court's Order, Dkt. 54. Served on 06/22/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045, 26-5065] JLL [Entered: 06/22/2026 10:21 AM] |
| Filing 34 [11291728] Response filed by Cobb-Vantress, Inc., Tyson Chicken, Inc., Tyson Foods, Inc. and Tyson Poultry, Inc. in 26-5002, 26-5039, all Appellants-Defendants to the Court's June 18 Order. Served on 06/22/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045, 26-5065] CMA [Entered: 06/22/2026 07:36 AM] |
| Filing 33 [11291413] Order filed by Clerk of the Court - This matter is before the court on Defendant-Appellants' Motion on Briefing Format (the "Motion"). For reasons described in the attached order, the Motion is taken under advisement pending review of supplemental information to be provided by the parties. The parties' responses to the attached order, and the appellees' combined response to the Motion and this order, must be filed on or before 06/22/2026. [ # 32 ]. Served on 06/18/2026. [26-5000, 26-5001, 26-5010, 26-5065, 26-5002, 26-5003, 26-5004, 26-5005, 26-5039, 26-5043, 26-5044, 26-5045] [Entered: 06/18/2026 07:21 AM] |
| Filing 32 [11291180] Motion filed by Appellants Cobb-Vantress, Inc., Tyson Chicken, Inc., Tyson Foods, Inc. and Tyson Poultry, Inc. in 26-5002, 26-5039, all appellants-defendants to file an oversize brief 48000 words long. Served on: 06/17/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045, 26-5065] CMA [Entered: 06/17/2026 12:26 PM] |
| Filing 31 [11287640] Entry of appearance filed by Mr. Chris M. Scaperlanda for Cal-Maine Foods, Inc.. CERT. OF INTERESTED PARTIES: y (some parties previously disclosed). Served on 06/04/2026. Manner of Service: email [26-5065] [Entered: 06/04/2026 10:59 AM] |
| Filing 30 [11287439] Rule 26 Disclosure Statement filed by Cal-Maine Foods, Inc. in 26-5065, 26-5010. More than 50 parties disclosed: no. Served on 06/03/2026. Manner of Service: email. --[Edited 06/04/2026 by SSB to remove docket entry from 26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, and 26-5045] [26-5065] CMS [Entered: 06/03/2026 03:54 PM] |
| Filing 29 [11287434] Entry of appearance submitted by Christopher M. Scaperlanda for Appellee Cal-Maine Foods, Inc. in 26-5065 for court review. Certificate of Interested Parties: Yes. Served on 06/03/2026. Manner of Service: email. [26-5065]--[Edited 06/04/2026 by SSB to edit docket text, remove pdf from docket; entry filed 6/4/2026, and remove entry from 26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, and 26-5045] CMS [Entered: 06/03/2026 03:47 PM] |
| Filing 28 [11286942] Entry of appearance filed by Mr. Archer Scott McDaniel for Peterson Farms, Inc.. CERT. OF INTERESTED PARTIES: y, more than 50 parties. Served on 06/02/2026. Manner of Service: email [26-5065] [Entered: 06/02/2026 02:17 PM] |
| Filing 27 [11286863] Rule 26 Disclosure Statement filed by Peterson Farms, Inc. in 26-5065. More than 50 parties disclosed: no. Served on 06/02/2026. Manner of Service: email. [26-5065]--[Edited 06/02/2026 by SSB to edit docket text and remove submission from 26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045] ASM [Entered: 06/02/2026 12:17 PM] |
| Filing 26 [11286861] Entry of appearance submitted by Archer Scott McDaniel for Appellee Peterson Farms, Inc. in 26-5065 for court review. Certificate of Interested Parties: Yes. Served on 06/02/2026. Manner of Service: email. [26-5065]--[Edited 06/02/2026 by SSB to remove pdf from docekt; entry filed on 6/2/2026 and to remove docket entry from 26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045.] ASM [Entered: 06/02/2026 12:16 PM] |
| Filing 25 [11285879] Entry of appearance filed by Vicki D. Bronson, Gerard Michael D'Emilio, John Russell Elrod and Amy Melissa Stipe for Simmons Foods, Inc.. CERT. OF INTERESTED PARTIES: n. Served on 05/29/2026. Manner of Service: email [26-5065] [Entered: 05/29/2026 10:05 AM] |
| Filing 24 [11285841] Entry of appearance submitted by Vicki Bronson; John R. Elrod; Amy M. Stipe; Gerard M. D'Emilio for Appellee Simmons Foods, Inc. for court review. Certificate of Interested Parties: No. Served on 05/29/2026. Manner of Service: email. [26-5065]--[Edited 05/29/2026 by EB to remove pdf as pleading was filed on 05/29/2026] VDB [Entered: 05/29/2026 08:18 AM] |
| Filing 23 [11285840] Rule 26 Disclosure Statement filed by Simmons Foods, Inc.. More than 50 parties disclosed: no. Served on 05/29/2026. Manner of Service: email. [26-5065] VDB [Entered: 05/29/2026 08:16 AM] |
| Filing 22 [11285755] Entry of appearance filed by Cody Matthew Akins, Mr. Peter Bruland, Mr. Mark D. Hopson, Mr. John Tanski, Mr. Gordon D. Todd, and Mr. Frank Robert Volpe for Tyson Foods, Inc., Cobb-Vantress, Inc., Tyson Poultry, Inc. and Tyson Chicken, Inc.. CERT. OF INTERESTED PARTIES: y (some parties previously disclosed). Served on 05/28/2026. Manner of Service: email [26-5065] [Entered: 05/28/2026 03:02 PM] |
| Filing 21 [11285725] Rule 26 Disclosure Statement filed by Cobb-Vantress, Inc., Tyson Chicken, Inc., Tyson Foods, Inc. and Tyson Poultry, Inc.. More than 50 parties disclosed: no. Served on 05/28/2026. Manner of Service: email. [26-5065] CMA [Entered: 05/28/2026 01:28 PM] |
| Filing 20 [11285724] Entry of appearance submitted by John M. Tanski, Gordon D. Todd, Frank R. Volpe, Mark D. Hopson, Peter A. Bruland, Cody M. Akins for Appellees Cobb-Vantress, Inc., Tyson Chicken, Inc., Tyson Poultry, Inc. and Tyson Foods, Inc. for court review. Certificate of Interested Parties: Yes. Served on 05/28/2026. Manner of Service: email.--[Edited 05/28/2026 by SSB to remove pdf from docket; entry filed on 5/28/2026] [26-5065] CMA [Entered: 05/28/2026 01:27 PM] |
| Filing 19 [11285684] Deficiency notice issued. Type of deficiency: notice of appearance and disclosure statement due but not filed. Notice of appearance and Disclosure statement due on 06/01/2026 for Cal-Maine Foods, Inc., Cobb-Vantress, Inc., Peterson Farms, Inc., Simmons Foods, Inc., Tyson Foods, Inc., Tyson Poultry, Inc. and Tyson Chicken, Inc. [26-5065] [Entered: 05/28/2026 12:06 PM] |
| Filing 18 [11285245] Entry of appearance filed by Ms. Teresa G. Akkara, Mr. Christopher Harold Dolan, Jeffrey Justman, Mr. Colin H. Tucker, Esq., Mr. John H. Tucker, and Mr. Aaron Daniel Van Oort for Cargill, Inc. and Cargill Turkey Production, LLC. CERT. OF INTERESTED PARTIES: y. Served on 05/27/2026. Manner of Service: email [26-5065] [Entered: 05/27/2026 10:21 AM] |
| Filing 17 [11285144] Filed notice record is complete. Served on 05/27/2026. [26-5065] [Entered: 05/27/2026 08:36 AM] |
| Filing 16 [11285011] Rule 26 Disclosure Statement filed by Cargill Turkey Production, LLC. More than 50 parties disclosed: no. Served on 05/26/2026. Manner of Service: email. [26-5065] JJ [Entered: 05/26/2026 03:36 PM] |
| Filing 15 [11285008] Rule 26 Disclosure Statement filed by Cargill, Inc.. More than 50 parties disclosed: no. Served on 05/26/2026. Manner of Service: email. [26-5065] JJ [Entered: 05/26/2026 03:35 PM] |
| Filing 14 [11285005] Entry of appearance submitted by Jeffrey P. Justman, Aaron D. Van Oort, Christopher H. Dolan, Teresa G. Akkara, Colin H. Tucker, John H. Tucker for Appellees Cargill Turkey Production, LLC and Cargill, Inc. for court review. Certificate of Interested Parties: Yes. Served on 05/26/2026. Manner of Service: email. --[Edited 05/27/2026 by SSB to remove pdf from docket; entry filed on 5/27/2026] [26-5065] JJ [Entered: 05/26/2026 03:33 PM] |
| Filing 13 [11284516] Minute order filed - Notice due that record is complete by 05/26/2026 for Heidi D. Campbell, Clerk of Court (oclk). (Text Only - No Attachment) [26-5065] [Entered: 05/22/2026 01:10 PM] |
| Filing 12 [11284510] Entry of appearance filed by Gentner Drummond, Amie Nicole Ely, Mr. Garry Michael Gaskins, II and Ms. Jennifer L. Lewis for Gentner Drummond and Jeff Starling. CERT. OF INTERESTED PARTIES: n. Served on 05/22/2026. Manner of Service: email [26-5065] [Entered: 05/22/2026 12:57 PM] |
| Filing 11 [11284458] Acknowledgment of transcript order filed by Gentner Drummond and Jeff Starling in 26-5065. Transcript ordered: No. Served on: 05/22/2026. Manner of Service: email. [26-5065] --[Edited 05/22/2026 by EB to remove docket entry from , 26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045 ] GD [Entered: 05/22/2026 11:30 AM] |
| Filing 10 [11284455] Docketing statement filed by Gentner Drummond and Jeff Starling in 26-5065, Served on 05/22/2026. Manner of Service: email. [26-5065]--[Edited 05/22/2026 by EB to remove from 26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045] GD [Entered: 05/22/2026 11:28 AM] |
| Filing 9 [11284454] Entry of appearance submitted by Gentner Frederick Drummond, Amie Nicole Ely, Garry Michael Gaskins, II and Jennifer Lynn Lewis for Appellants Gentner Drummond and Jeff Starling in 26-5065, 26-5010State of Oklahoma for court review. Certificate of Interested Parties: No. Served on 05/22/2026. Manner of Service: email. [26-5065, 26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045]--[Edited 05/22/2026 by EB to remove dpf as pleading was filed on 05/22/2026] GD [Entered: 05/22/2026 11:27 AM] |
| Filing 8 [11282818] Order filed by Clerk of the Court granting the parties' Amended Joint Motion to Set Briefing Schedule and Defer the Joint Appendix as set forth in the attached order. Defendants - Appellants/Cross-Appellees first uncited briefs on cross-appeal (principal brief) due 06/29/2026. The parties' joint appendix due 11/06/2026. Please see the attached order for the full briefing schedule and additional instructions. Served on 05/18/2026. [26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045, 26-5065] [Entered: 05/18/2026 09:08 AM] |
| Filing 7 [11282703] Amended Joint Motion to Set Briefing Schedule and Defer the Joint Appendix filed by Cobb-Vantress, Inc., Tyson Chicken, Inc., Tyson Foods, Inc. and Tyson Poultry, Inc. in 26-5002, 26-5010, 26-5039, Cargill, Inc., Cobb-Vantress, Inc., Tyson Chicken, Inc., Tyson Foods, Inc. and Tyson Poultry, Inc. in 26-5065. Served on 05/15/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-5000, 26-5001, 26-5002, 26-5003, 26-5004, 26-5005, 26-5010, 26-5039, 26-5043, 26-5044, 26-5045, 26-5065]--[Edited 05/18/2026 by MLB to correct docket text] CMA [Entered: 05/15/2026 04:26 PM] |
| Filing 6 [11282571] Order filed by Clerk of the Court consolidation of appeals. This matter is before the court following the opening of Case No. 26-5065. Appellants State of Oklahoma and Secretary Starling previously appealed from the final judgment in Case No. 26-5010, which is procedurally consolidated with the cases listed in the attached order. Accordingly, Case No 26-5065 is procedurally consolidated with the other eleven appeals listed in the attached order. Briefing will proceed in accordance with this court's 05/04/2026 order. ECF No. 55. Served on 05/15/2026. [26-5065, 26-5000, 26-5001, 26-5010, 26-5002, 26-5003, 26-5004, 26-5005, 26-5039, 26-5043, 26-5044, 26-5045] [Entered: 05/15/2026 01:11 PM] |
| Filing 4 [11282197] Rule 26 Disclosure Statement filed by George's Farms, Inc. and George's, Inc.. More than 50 parties disclosed: no (The parties listed are parties to the appeal). Served on 05/14/2026. Manner of Service: email. [26-5065]--[Edited 05/14/2026 by AT to note the parties listed are parties to the appeal. ] PG [Entered: 05/14/2026 12:23 PM] |
| Filing 3 [11282195] Entry of appearance filed by Mr. Perry Glantz for George's, Inc. and George's Farms, Inc. CERT. OF INTERESTED PARTIES: n. Served on 05/14/2026. Manner of Service: email. [26-5065] [Entered: 05/14/2026 12:22 PM] |
| Filing 2 [11282180] Entry of appearance submitted by Perry L. Glantz for Appellees George's, Inc. and George's Farms, Inc. for court review. Certificate of Interested Parties: No. Served on 05/14/2026. Manner of Service: email. [26-5065] --[Edited 05/14/2026 by AT to remove PDF as pleading was filed on 5/14/2026.] PG [Entered: 05/14/2026 12:13 PM] |
| Filing 1 [11281724] Civil case docketed. Preliminary record filed. DATE RECEIVED: 05/13/2026. Docketing statement, Transcript order form, and Notice of appearance due 05/27/2026 for Gentner Drummond and Jeff Starling. Notice of appearance and Disclosure statement due on 05/27/2026 for Cal-Maine Foods, Inc., Cargill Turkey Production, LLC, Cargill, Inc., Cobb-Vantress, Inc., George's Farms, Inc., George's, Inc., Peterson Farms, Inc., Simmons Foods, Inc., Tyson Foods, Inc., and Tyson Poultry, Inc. [26-5065] [Entered: 05/13/2026 11:13 AM] |
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