A federal judge said the Cherokee Nation waited too long to seek to join the state of Oklahoma's lawsuit against the poultry industry.

The tribe wants to protect the waters of the Illinois River from pollution. Judge Gregory Frizzell said the tribe's motion to intervene came too late -- the trial starts on Monday.

The tribe plans to ask the 10th Circuit Court of Appeals to overturn Frizzell. Attorney General Diane Hammons said the tribe could file its own lawsuit.

"The question is not who owns the water," Hammons said during a hearing yesterday, The Tulsa World reported. "The question is who owns the pollution."

The lawsuit was filed by Oklahoma Attorney General Drew Edmondson. It accuses Tyson Foods Inc. and other poultry companies of polluting the Illinois River.

Get the Story:
Poultry judge rejects tribe (The Tulsa World 9/16)
Cherokee Intervention Denied (The Northwest Arkansas Morning News 9/16)
Judge denies Cherokee request to join chicken case (The Arkansas Democrat-Gazette 9/16)
Frizzell denies Cherokee Nation entering poultry case (The Cherokee Phoenix 9/16)
Cherokee Nation blocked from joining poultry pollution case (AP 9/15)

Related Stories:
Cherokee Nation files motion to join poultry case (09/04)
Law firm backs Oklahoma-Cherokee poultry case (7/28)
Judge rules Cherokee Nation not a part of suit (7/23)
Cherokee Nation weighs move in poultry lawsuit (12/16)
Poultry industry cites Cherokee Nation in lawsuit (11/03)