Monsanto Company (Board decision, July 1, 2010)

Plain-English summary

Monsanto Company entered a Consent Agreement with the EPA in a Federal Insecticide, Fungicide, and Rodenticide Act proceeding. The EAB incorporated the agreement into its Final Order. Monsanto was ordered to comply with the agreement and pay a $2,500,000 civil penalty within 60 calendar days of the order's execution, using a certified or cashier's check or an electronic wire transfer. The order states that it took effect immediately.

Decision snapshot

• Cited authorities: 7 U.S.C. § 136l(a); 40 C.F.R. §§ 22.18 and 22.30
• Outcome: The Consent Agreement was incorporated, Monsanto was ordered to comply, and a $2,500,000 civil penalty was assessed.
• Key point: The EAB can make a FIFRA Consent Agreement binding through a Final Order and require prompt payment of the agreed civil penalty.

Full text (EPA EAB public release)

UNITED STATES ENVIRONMENTAL PROTECTION
BEFORE THE ENVIRONMENTAL APPEALS
W ASHINGTOl'\, D.C.

                                                )
                                                )
   IN THE MATTER OF:                           )
                                                )
   Monsanto Company.                            )       Docket No. FIFRA-HQ-2010-5014
                                                )
          Respondent.                           )
                                                )
   ~----------------~)

                                   FINAL ORDER

Pursuant to Section 14(a) of FIFRA, 7 U.S.C. § 136l(a), it is hereby ORDERED THAT:

I Respondent shall comply with all of the terms of the Consent Agreement, incorporated
herein by reference;

2, Respondent is assessed a civil penalty in the sum of $2,500,000 pursuant to the terms of
the Consent Agreement;

3, Respondent shall, within sixty (60) calendar days ofthe execution the Final Order, either:

   (aj    Dispatch a cashier's or certified check payable to the order of the "Treasurer of the
          United States of America" in the amount of $2,500,000 and bearing the ootation,
          "Monsanto Company Civil Penalty Docket ]\0, FIFRA HQ·2010·5014" to the
          following address:

                  U.S. Environmental Protection Agency
                  Fines and Penalties
                  Cincinnati Finance Center
                  PO Box 979077
                  St. Louis, MO 63197·9000,

                  or

   (b)    Make an electronic payment by a wire transfer in the amount of $2,500,000 "ith
          the notation, "Monsanto Company Civil Penalty Docket No. FIFRA HQ-2010-
          5014," by using the following instructions:

                  Federal Reserve Bank ofNew York
                  ABA = 021030004

Page 2

                   Account ~ 68010727
                   SWIFT address = FRNYUS33
                   33 Liberty Street
                   New York, NY 10045

                   Field Tag 4200 orme Fedwire message should read "D 68010727
                   Environmental Protection Agen<:y."

This order shall be in effect forthwith.

   IT IS SO ORDERED.                         Environmental Appeals Board
                                                                ,;J { / I A




                                             Environmental Appeals Judge
                                             U.S, Environmental Protection Agency




                                         2

Page 3

In the Matter of Monsanto Company.
Docket No. FIFRA-HQ-2010-5014

                             CERTIFICATE OF SERVICE


      I hereby certify that the foregoing Consent Agreement and Final Order l!J.1!!e MfIIJef of

MO!I§.IJII/O Company. Docket No. FIFRA-HQ-2010-5014, has been filed with the EPA Environmental
Appeals Board and that copies were sent accordingly:

Certified Mail, Return Receipt Requested

           Stanley H. Abramson. Esq.
           Arent Fox, LLP
           1050 Connecticut Avenue, NW
           Washington, DC 20036-5339

EPA Interoffice Mail Dsliverv

           Sybil Anderson (Mail Code: 1900L)
           Headquarters Hearing Clerk
           U.S. Environmental Protection Agency
           1099 14lb Street ~l, Suite 350 Franklin Court
           Washington, DC 20005

EPA Interoffice MaJI Delivery

            Brian T. Dyer (~ail Code: 2249A)
            Office of Enforcement and Compliance Assurance
            U,s. Environmental Protection Agency
            1200 Pennsylvania Avenue NW
            Washington, DC 20460-0001

JUL - 1 2010
Date Annette Duncan (Mail Code: l103B)
U.s' EnvIronmental Protection Agency
Environmental Appeals Board
Ariel rues Building
1200 Pennsylvania Avenue NW
Washington, DC 20460-0001