Freddy P. Jordan, Pesticide Misuse and Migratory Bird Killing, Kentucky 2010

Louisville, KY – Freddy P. Jordan of Kentucky was sentenced on February 17, 2010, to pay a $5,000 federal fine after pleading guilty to charges stemming from the illegal use of pesticides and the unlawful killing of migratory birds. The case, investigated by the Environmental Protection Agency (EPA), highlights the dangers of improper pesticide application and its devastating impact on wildlife.

According to court documents, Jordan intentionally misused carbofuran, a highly toxic pesticide also known as Furadan, by applying it as bait on his property. He coated a turkey carcass with the substance and placed it with the intention of attracting and ultimately poisoning animals. This method of application is a direct violation of federal regulations governing pesticide use.

The EPA’s investigation revealed that Jordan’s actions were in blatant disregard for the safety guidelines associated with carbofuran. The pesticide is designed for specific agricultural applications and carries strict instructions regarding its use to minimize harm to non-target species, including protected migratory birds. By utilizing it as bait, Jordan created a lethal trap, resulting in the deaths of numerous birds who consumed the poisoned carcass.

Jordan was initially charged with two counts of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – specifically 7 U.S.C. § 136j(a)(2)(G) – which prohibits the use of pesticides in a manner inconsistent with their labeling. He also faced one count of violating the Migratory Bird Treaty Act (16 U.S.C. § 703), a federal law protecting migratory bird populations. He ultimately pleaded guilty to all three counts.

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Legal Ramifications & Penalties

The misuse of pesticides carries significant legal consequences under FIFRA. Violators can face both civil and criminal penalties, including substantial fines and imprisonment, depending on the severity of the offense. The Migratory Bird Treaty Act imposes strict regulations on actions that result in the take, killing, or possession of migratory birds, with penalties including fines and potential jail time. In this case, the $5,000 fine represents the penalty levied against Jordan for his violations.

Key Facts

Defendant: Freddy P. Jordan
Location: Western District of Kentucky
Date of Sentencing: February 17, 2010
Pesticide Used: Carbofuran (Furadan)
Violated Laws: 7 U.S.C. § 136j(a)(2)(G) (FIFRA), 16 U.S.C. § 703 (Migratory Bird Treaty Act)
Penalty: $5,000 Federal Fine
Method: Coated turkey carcass with pesticide and used as bait.

The EPA continues to prioritize enforcement actions against those who endanger human health and the environment through the illegal use of pesticides and harm to protected wildlife. This case serves as a stark reminder of the importance of adhering to all safety regulations and respecting federal laws designed to protect our natural resources.

Source: EPA ECHO Enforcement Case Database

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