EPA v. BAYER CROPSCIENCE, LP

Case summary

On July 26, 2018, the District Court for the Southern District of West Virginia, approved a second modification to the Consent Decree lodged by the U.S. Department of Justice (DOJ) on August 31, 2017. The second modification replaces one supplemental environmental project (SEP), the expansion of a sump to contain process wastewater and firefighting water, with two emergency equipment SEPs, consisting of three pumper trucks and associated fire-fighting equipment for two volunteer fire department, costing $1.7 million, to benefit the Kanawha community. The court found that the emergency equipment SEPs preserved the purpose of the SEP Policy in providing environmental benefits to the affected community because of their closer nexus to the underlying CAA Section 112(r) violations, did not reduce Bayer?s overall financial commitment, and did not harm water quality because overflows from the sump had been curbed, making the sump SEP unnecessary. Two days earlier, on July 24, 2018, the court denied a motion to intervene filed by the Natural Resources Defense Council, Inc., People Concerned About Chemical Safety, Inc., Pamela L. Nixon and Kathy Ferguson. The citizen plaintiffs opposed what they argued was a reduction in the financial obligations of Bayer CropScience, and proposed additional SEPs. The Court ruled that the citizen plaintiffs did not have standing because they failed to show an increased risk of harm if the court approved the proposed modification, that the replacement SEPs provided less benefit, or that the requested ruling would redress the alleged injury. However, the Court ruled that the citizen plaintiffs? already-submitted amicus brief would be considered.

Defendants (1)

• BAYER CROPSCIENCENamed in complaintNamed in settlement

Facilities (2)

• BAYER CROPSCIENCE USA LP

  ROUTE 25 AND INTERSTATE 64, INSTITUTE, WV, 25112

  Registry ID: 110043803676

• BAYER CROPSCIENCE USA LP

  ROUTE 25 AND INTERSTATE 64, INSTITUTE, WV, 25112

  Registry ID: 110043803676

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (2)

• BAYER CROPSCIENCE, LPentered 2018-07-26

  Primary law: CAA

  · SEP: $3,051,055

• BAYER CROPSCIENCE, LPentered 2016-08-09

  Primary law: CAA

  Federal penalty: $975,000 · SEP: $4,197,403

Timeline (5 milestones)

• 2013-02-05Referred To Dept Of Justice
• 2013-02-13Enforcement Action Data Entered
• 2015-09-21Complaint Filed With Court
• 2017-08-31Final Order Lodged
• 2018-07-26Final Order Entered