Dexter, MO – The owner of Lowrey Farms, Bobby David Lowrey, was sentenced in January 2020 following a federal investigation into the illegal application of the herbicide dicamba and subsequent attempts to cover up the violations. The case, prosecuted by the Environmental Protection Agency (EPA), highlights a growing concern regarding the misuse of genetically modified crops and restricted pesticides, and the potential for significant agricultural damage.
Lowrey Farms, operating on approximately 6,700 acres of cotton and soybean fields, utilized genetically modified crops designed to resist dicamba. However, the application of dicamba was heavily regulated. The pesticide, STRUT, had not been approved for post-planting use on cotton, and its application to soybeans was limited. Despite these restrictions, investigators found that Lowrey directed farm employees to illegally apply dicamba to both cotton *after* planting and to immature soybean crops, violating established guidelines.
The improper applications didn’t go unnoticed. Numerous neighboring farmers reported substantial damage to their crops, consistent with pesticide drift originating from Lowrey Farms. These complaints prompted an investigation by the Missouri Department of Agriculture, who requested spray application records from Lowrey. Instead of cooperating fully, Lowrey allegedly provided falsified documentation and made false statements, claiming that dicamba was only applied during approved “burndown” applications – pre-planting weed control – in a clear attempt to mislead authorities.
The EPA’s criminal enforcement division uncovered the scheme, revealing a deliberate pattern of disregard for federal regulations and a calculated effort to conceal the illegal activity. The investigation revealed not only the misapplication of a potentially damaging pesticide, but also a direct obstruction of a legitimate government investigation. This dual violation significantly contributed to the severity of the penalties handed down.
Legal Ramifications and Penalties
Bobby D. Lowrey and Lowrey Farms both pleaded guilty to violating the Federal Insecticide, Fungicide, and Rodenticide Act. Specifically, they were found to have violated 18 U.S.C. 1001 (making false statements), 7 U.S.C. 136j(a)(2)(G) (illegal application of pesticide), and 7 U.S.C. 136l(b)(2) (false certification). As a result, Lowrey Farms was fined $200,000. Bobby Lowrey received a sentence of 60 days probation, with a special condition of 60 days’ home confinement. The case serves as a stark warning to others in the agricultural industry who may consider circumventing pesticide regulations.
Key Facts
- Defendant: Bobby David Lowrey & Lowrey Farms
- Location: Dexter, Missouri
- Year: 2020
- Crime: Illegal pesticide application and obstruction of justice
- Pesticide Involved: Dicamba (STRUT)
- Violated Laws: 18 U.S.C. 1001, 7 U.S.C. 136j(a)(2)(G), 7 U.S.C. 136l(b)(2)
- Penalties: $200,000 fine for Lowrey Farms; 60 days probation/60 days home confinement for Bobby Lowrey
The EPA continues to prioritize the enforcement of pesticide regulations to protect both human health and the environment. This case underscores the agency’s commitment to pursuing criminal charges against those who knowingly violate these laws and attempt to deceive investigators.
Source: EPA ECHO Enforcement Case Database
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