Mark Meyer, Unlawful Distribution of Restricted-Use Pesticide, North Dakota 2020

BISMARCK, ND – Mark Meyer, a North Dakota man, has been ordered to pay over $46,000 in restitution to the U.S. Environmental Protection Agency (EPA) after pleading guilty to the unlawful distribution of a restricted-use pesticide. The case, stemming from events in 2016, revealed a widespread and dangerous misapplication of poison on two large ranches, resulting in the deaths of numerous animals, including protected birds of prey.

According to court documents, between February and March of 2016, Meyer purchased 22 one-ton sacks of Rozol Prairie Dog Bait and provided it to David Meyer. David Meyer, who lacked the required certification, then oversaw the application of approximately 39,000 pounds of the rodenticide across roughly 5,400 acres encompassing the Wilder Buffalo Ranch (spanning Sioux County, ND, and Carson County, SD) and the Cannonball Ranch in Morton County, North Dakota. The pesticide was intended to control prairie dog populations, which were considered a nuisance as they competed with buffalo for grazing land.

However, the application method deviated drastically from approved guidelines. Instead of primarily placing the bait *inside* prairie dog burrows – the intended and safer method – workers liberally spread the poison on the surface of the ground around the burrow entrances. This improper application proved devastating to non-target species. Numerous animals, including buffalo, pronghorn antelope, and horses, consumed the bright green bait, resulting in fatalities. More alarmingly, several birds of prey, including eagles and a hawk, died after consuming prairie dogs poisoned by the bait.

The incident came to light after a game warden with the Standing Rock Sioux Tribe discovered a deceased eagle and promptly alerted the U.S. Fish and Wildlife Service. This triggered an investigation that ultimately involved the EPA, which dispatched an emergency response team to oversee a significant cleanup operation. The scale of the contamination and the impact on wildlife prompted federal criminal charges.

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Legal Ramifications

Mark Meyer was sentenced on December 29, 2020, and ordered to pay $46,392 in restitution to cover the EPA’s cleanup costs. He pleaded guilty to violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), specifically 7 U.S.C. 136l(b)(1)(B), which prohibits the distribution of a restricted-use pesticide to an uncertified applicator, and 7 U.S.C. 136j(a)(2)(F), which addresses the unlawful use of a pesticide in a manner inconsistent with its labeling. These violations carry potential penalties including fines and imprisonment, though Meyer’s sentence focused on financial restitution.

Key Facts

Defendant: Mark Meyer
Location: Wilder Buffalo Ranch (ND/SD) & Cannonball Ranch (ND)
Pesticide Used: Rozol Prairie Dog Bait (restricted-use)
Amount of Pesticide: Approximately 39,000 pounds
Area Affected: ~5,400 acres
Species Impacted: Buffalo, pronghorn antelope, horses, eagles, hawk, prairie dogs
Restitution Ordered: $46,392 to the EPA
Laws Violated: 7 U.S.C. 136l(b)(1)(B), 7 U.S.C. 136j(a)(2)(F)

GrimyTimes will continue to follow this case and report on any further developments. This incident serves as a stark reminder of the potentially devastating consequences of improper pesticide application and the importance of adhering to all federal regulations regarding restricted-use chemicals.

Source: EPA ECHO Enforcement Case Database

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