Oklahoma v. Tyson

Abstract

In Oklahoma ex rel. Edmondson v. Tyson Foods, Inc. (Tyson Foods II), the Tenth Circuit upheld the district court’s denial of the Cherokee Nation’s motion to intervene in a suit between the State of Oklahoma and several largescale poultry producers, including Tyson Foods, Inc.1 Because the district court in Oklahoma v. Tyson Foods, Inc. (Tyson Foods I) found the Cherokee Nation a required party to the State’s monetary claims against the producers,2 the denial of intervention effectively dismissed those monetary claims.3 This left the State with only the possibility of injunctive relief after four years of trial preparation.4 Further, the court’s rulings imply that tribal and state governments must both consent to such litigation when their interests coincide, complicating the process of seeking restoration damages in the future. However, Judge Deanell Reece Tacha’s persuasive dissent in Tyson Foods II raises important questions about the accuracy of the majority’s denial of intervention