Buren Gregory Ferguson, Wildlife Poisoning, Kentucky 2010

Frankfort, KY – A Kentucky man has been penalized for the illegal and deadly use of a restricted pesticide, resulting in the deaths of multiple animals and birds. Buren Gregory Ferguson, of an undisclosed location in Kentucky, was sentenced on August 11, 2010, to pay a $3,000 federal fine after pleading guilty to violations of both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Migratory Bird Treaty Act.

The case originated from reports of deceased animals discovered on property in close proximity to Ferguson’s residence. Authorities suspected poisoning, prompting a federal search warrant to be executed at Ferguson’s home. The search yielded further deceased animals and, critically, a cooler containing granular Carbofuran – a highly toxic pesticide.

According to court documents, Ferguson admitted to intentionally using Carbofuran in an attempt to control coyote populations on or near his property. He was not a Certified Private Pesticide Applicator, meaning he lacked the necessary training and licensing to legally apply such a dangerous substance. Carbofuran is known to be highly toxic to a wide range of wildlife, including mammals and birds, and its use is heavily regulated.

The prosecution, handled by the Environmental Protection Agency (EPA) and the Department of Justice, highlighted the significant environmental harm caused by Ferguson’s actions. The illegal application of Carbofuran not only resulted in animal deaths but also posed a risk of secondary poisoning to predators who might consume the affected animals. The EPA routinely investigates and prosecutes cases involving the misuse of pesticides to protect both human health and the environment.

Table of Contents

Toggle

Legal Ramifications

Ferguson pled guilty to one count of violating 7 U.S.C. § 136j(a)(2)(G), which addresses the illegal use of a registered pesticide under FIFRA. This violation carries a potential penalty of fines and/or imprisonment. He also pled guilty to violating 16 U.S.C. § 703, a provision of the Migratory Bird Treaty Act that makes it illegal to take, possess, import, export, sell, purchase, barter, or transport migratory birds, their parts, nests, or eggs without a valid permit. The $3,000 fine represents the penalty imposed in this specific case, though the maximum penalties under these statutes can be significantly higher.

Key Facts

Defendant: Buren Gregory Ferguson
State: Kentucky
Year: 2010
Pesticide Used: Carbofuran
Laws Violated: 7 U.S.C. § 136j(a)(2)(G) (FIFRA), 16 U.S.C. § 703 (Migratory Bird Treaty Act)
Penalty: $3,000 Federal Fine
Circumstances: Ferguson used Carbofuran to kill coyotes without being a licensed applicator, resulting in the deaths of other animals and birds.

This case serves as a stark reminder of the dangers associated with the improper use of pesticides and the importance of adhering to all federal and state regulations governing their application. The EPA continues to emphasize the need for responsible pesticide handling to safeguard wildlife and the environment.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases