Honolulu, HI – Agricultural giant Monsanto Company has been slapped with a hefty $12 million penalty and three years of probation following admissions of multiple environmental crimes committed in Hawaii. The case, stemming from violations of both federal pesticide and hazardous waste laws, highlights a pattern of negligence and disregard for environmental regulations by the company.
According to court documents filed in January 2022, Monsanto pled guilty to 30 misdemeanor counts related to the improper application of the herbicide Forfeit 280 on Oahu corn fields in 2020. The company knowingly allowed workers to re-enter treated fields within the restricted-entry interval (REI) – a period designed to protect agricultural workers from pesticide exposure – on 30 separate occasions. This occurred despite a recent extension of the REI from 12 hours to six days, prompted by EPA concerns regarding the glufosinate ammonium-based product.
The violations didn’t stop there. Monsanto also admitted to illegally using Penncap-M, a banned pesticide, on Maui in 2014. The company continued to spray the chemical on corn seed and research crops *after* the EPA issued a cancellation order prohibiting its use. Even more concerning, Monsanto instructed employees to re-enter sprayed fields prematurely, disregarding the mandated 31-day waiting period designed to ensure worker safety. These actions constitute a clear violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which regulates pesticide use.
Hazardous Waste Mishandling
The most serious charges, however, relate to the improper storage and handling of Penncap-M as hazardous waste. Between March 2013 and August 2014, Monsanto stockpiled 160 pounds of the banned pesticide at a facility on Molokai, and an additional 111 gallons at three sites on Maui. This designated Monsanto as a “Large Quantity Generator” of acute hazardous waste under the Resource Conservation and Recovery Act (RCRA). The company failed to adhere to proper disposal procedures, including using appropriate shipping manifests and obtaining necessary permits.
Prosecutors emphasized that Monsanto was aware of the risks associated with Penncap-M, acknowledging in court filings that the chemical possessed “the substantial potential to be harmful to others and to the environment.” The company’s failure to properly manage this hazardous waste demonstrates a systemic disregard for public safety and environmental protection. This case builds upon a 2019 Deferred Prosecution Agreement (DPA) addressing similar issues, bringing the total financial penalty to $12 million, comprised of criminal fines and community service payments to Hawaiian government entities.
Compliance and Future Oversight
In addition to the financial penalties and probationary period, Monsanto is required to maintain a comprehensive environmental compliance program for an additional three years, overseen by a third-party auditor. This program is designed to prevent future violations and ensure the company adheres to all applicable environmental regulations. The case serves as a stark reminder of the importance of strict adherence to environmental laws, even for large corporations.
Key Facts:
- Defendant: Monsanto Company
- State: Hawaii
- Year: 2022
- Statutes Violated: Resource Conservation and Recovery Act (RCRA) – 42 U.S.C. 6928(d)(2)(A); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – 7 U.S.C. 136j(a)(2)(G)
- Penalties: $12 million in fines and community service, three years of probation, and ongoing environmental compliance program with third-party audits.
- Crimes: Illegal pesticide application (Forfeit 280), use of banned pesticide (Penncap-M), and improper storage of hazardous waste.
- Hazardous Waste: 160 lbs Penncap-M stored on Molokai, 111 gallons stored on Maui.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Anthony Richardi, Environmental Crime, CT 2007 · Connecticut
- James H. Pflueger, Environmental Crime, HI 2005 · Connecticut
- John T. King, Environmental Violation, HI 2005 · Tennessee
- Cory King, Environmental Crime, ID 2010 · California
- Barton Wilkinson, Environmental Crime, ID 2011 · California
