United States First Circuit
Martex Farms, S.E. v. US EPA, 08-1311
Final decision and order of the Environmental Appeals Board holding plaintiff liable for violations of the Federal Insecticide, Fungicide, and Rodenticide Act is affirmed where: 1) there is no legal basis for plaintiff's argument that the EPA's enforcement action amounted to selective prosecution; 2) plaintiff's claim that it was deprived of a full and fair opportunity to present its case fails as the denial of its motion to depose four witnesses was justified; and 3) there is no evidence that there is any basis for reversal as to the substantive violations committed by plaintiff.
Appellate Information
- Decided 03/05/2009
- Published 03/05/2009
Judges
- STAHL, Circuit Judge., Before TORRUELLA and STAHL, Circuit Judges, and GARCÍA-GREGORY, District Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Romano A. Zampierollo-Rheinfeldt for petitioner.
- For Appellees:
- Angeline Purdy, Environmental Defense Section, with whom Ronald J. Tenpas, Assistant Attorney General, John C. Cruden, Deputy Assistant Attorney General, Danielle Fidler, Office of Enforcement and Compliance Assurance, and Angela Huskey, Office of General Counsel, were on brief for respondent.