Oner Ii, Inc., and Jerry Saylor, Its President v. U. S. Environmental Protection Agency

This is a petition for review of a decision by the regional administrator of the Environmental Protection Agency (EPA) fining petitioners, Oner II, Inc., Jerry Saylor, and Del Chemical Corp. for violations of the Federal Insecticide, Fungicide and Rodenticide Act (Act), 7 U.S.C. §§ 136—136w.

Del Chemical Corporation, wholly owned by one Rocco Youse, sold various pesticides properly registered under the Act. Pursuant to the Act, 7 U.S.C. § 136g, on February 13, 1975 the EPA conducted an inspection of the premises of Del. Its inspectors took samples for later analysis. On January 23, 1976 the EPA filed a complaint charging Del with various violations of the Act. The agency recommended a fine of $20,600, based on the inspection and sampling of the previous February.

In the months between the inspection and the filing of the complaint, major changes had taken place in Del. Rocco Youse was convicted of bribery and income tax evasion and in October 1975 was imprisoned. Thereafter, Del began a steady financial decline until December 31, 1975 when Saylor purchased all of Youse’s interest in Del, evidently with the intention of trying to resurrect its business. Saylor, who had been Del’s…