Bayer CropScience, LP (Board decision, February 3, 2017)
In re Bayer CropScience, LP (EAB FIFRA Appeal No. 17-01C): Consent Agreement ratified
Apply this precedent to your situation
This is citable Board precedent from 2017, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
Bayer CropScience, LP resolved an EPA enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the respondent to comply with all terms of the Consent Agreement effective immediately. The two-page Final Order does not state the alleged violation or any penalty amount.
Decision snapshot
- Cited authorities: 40 C.F.R. § 22.18(b)-(c)
- Outcome: The Consent Agreement was incorporated and ratified, and the respondent was ordered to comply with its terms.
- Key point: The Final Order made the Consent Agreement binding on the respondent effective immediately.
Full text (EPA EAB public release)
F I L E D
FEB 3 2017
Clerk, Environmental Appeals Board
INITIALS [illegible]
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
In re:
Bayer CropScience, LP
Docket No. FIFRA-HQ-2016-5021
FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.
The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately.
So ordered.¹
Date: 02/03/17
Aaron P. Avila
Judge, Environmental Appeals Board
¹ The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Kathie A. Stein, and Mary Beth Ward.
CERTIFICATE OF SERVICE
I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of Bayer CropScience, LP, Docket No. FIFRA-HQ-2016-5021, were filed and copies of the same were sent to the following persons in the manner indicated:
By First Class Certified Mail/
Return Receipt Requested:
Sheri Roberson
ES Division Counsel
Bayer CropScience LP
BCS-LAW
2 T.W. Alexander Drive
Research Triangle Park, NC 27709
By Interoffice Mail:
Christina E. Cobb
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2843
Washington, DC 20460
Adrienne Trivedi
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2249A
Washington, DC 20460
Dated: Feb. 3, 2017
Annette Duncan
Secretary
Does this precedent still control your case?
Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace