Decision Date: May 5, 1995

Panel: Judith C. Lee

In a decision, dated June 17, 1992, the Board ordered the Deputy Administrator to determine buffer zones and require that they be included in future pesticide use permits. This was not done when the permit was renewed. The Appellant appealed an amendment to the permit which set out limited buffer zones as inadequate, and requested a stay to prevent spraying until the matter was heard.

While the Board did not find a risk of irreparable harm to Ms. Rensmaag’s health, it was alarmed that the Deputy Administrator seemed to have ignored its previous order. In order to preserve the fair administration of justice the Board granted the stay.