Panhandle Cooperative Association, Bridgeport, Nebraska v. Environmental Protection Agency

JOHN R. GIBSON, Circuit Judge.

The Panhandle Cooperative Association appeals from an order of the Environmental Protection Agency assessing a $5,000 penalty against it for mislabeling a tank of the pesticide Telone II in violation of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136-136y (1982) (FI-FRA). Panhandle argues that the assessment of the penalty was arbitrary, capricious and an abuse of discretion and that a two and one-half year delay in the decision of its administrative appeal violated statutory and regulatory requirements. We affirm.

A complaint was issued by…