BAKERSFIELD, CA – James Wayne Colleasure was sentenced to probation and ordered to pay restitution after illegally distributing a pesticide that resulted in the deaths of multiple migratory birds at a California resort in 2005. The case, investigated by the Environmental Protection Agency (EPA) and prosecuted by the Department of Justice, highlights the dangers of improper pesticide application and its potential impact on protected wildlife.
According to court documents, Colleasure, a resident of the resort, intentionally mixed pesticide with birdseed and scattered it around several trailers leased from the Bureau of Land Management (BLM). His stated intention was to deter rabbits from consuming the grass surrounding the properties. However, this method of pest control proved lethal to a number of migratory birds who ingested the poisoned seed.
On May 5, 2005, Colleasure was formally charged with two counts of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Specifically, he was accused of violating 7 U.S.C. §136j(a)(2)(G) – the unlawful use of a registered pesticide in a manner inconsistent with its labeling – and 1361(b)(2). The latter charge relates to general provisions regarding pesticide misuse.
The EPA’s criminal enforcement program focuses on individuals and companies who knowingly violate federal pesticide laws, putting human health and the environment at risk. Using pesticides in a manner not specified on the product label is a serious offense, as it disregards established safety protocols and can have unintended consequences for non-target species. The placement of poisoned seed, intended to attract birds, was a particularly egregious aspect of this case.
On June 1, 2005, Colleasure entered a guilty plea to one count of the charges. He received a sentence of 12 months probation, a $5 special assessment, and was ordered to pay $6,715 in restitution to the Bureau of Land Management to cover the costs associated with the incident and investigation. While the sentence may seem lenient, federal prosecutors often consider factors such as the defendant’s lack of prior criminal history and acceptance of responsibility when recommending penalties.
This case serves as a stark reminder of the legal ramifications of misusing pesticides. The EPA continues to actively pursue enforcement actions against those who violate federal regulations, ensuring the protection of both the environment and public health. Experts emphasize the importance of reading and adhering to all label instructions when applying any pesticide product.
Key Facts
- Defendant: James Wayne Colleasure
- Location: California resort
- Year: 2005
- Crime: Illegal pesticide distribution resulting in bird deaths
- Statutes Violated: 7 U.S.C. §136j(a)(2)(G) and 1361(b)(2)
- Penalty: 12 months probation, $5 special assessment, $6,715 restitution to BLM
- Method: Mixing pesticide with birdseed and scattering around trailers
- Victims: Multiple migratory birds
Source: EPA ECHO Enforcement Case Database
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