Court Challenge Threatens Future Availability of Enlist Herbicides

A court decision that overturns Enlist labels would remove two major herbicides from use and reshape EPA’s future mitigation policies for other pesticides.

NASHVILLE, Tenn. (RFD-TV) — The Environmental Protection Agency’s (EPA) 2022 decision to register the herbicides Enlist One and Enlist Duo through 2029 is now under direct legal attack, with environmental groups asking a federal court to revoke both labels entirely. The lawsuit argues that EPA failed to meet the Federal Insecticide, Fungicide, and Rodenticide Act standard requiring pesticides to avoid “unreasonable adverse effects” on the environment.

If the court sides with plaintiffs, both Enlist products — widely used on 2,4-D-resistant corn, soybeans, and cotton across 34 states — could come off the market.

According to Brigit Rollins, a Staff Attorney with the National Agricultural Law Center, the challenge centers on three allegations: that EPA understated environmental costs, overstated weed-control benefits, and relied on ineffective mitigation measures.

Plaintiffs say EPA used outdated 2018–2019 usage data and ignored the rapid expansion of Enlist technologies. They also argue EPA overstated Enlist’s role in managing resistant weeds, claiming many farmers rely on Enlist alone rather than pairing it with additional chemistries. They further contend that EPA’s new mitigation tools — including a 30-foot drift buffer and a point-based runoff “pick list” — are insufficient, noting research showing 2,4-D can drift farther and runoff controls may not require meaningful management changes.

A ruling to vacate the labels would immediately disrupt broadleaf weed management in major corn, soybean, and cotton states and could ripple through other crop protection products. Because Enlist One and Enlist Duo were among the first herbicides to receive EPA’s new mitigation language, the court’s decision will also shape how future labels apply drift and runoff safeguards.

A decision upholding EPA’s approach, however, would reinforce the agency’s newer mitigation tools and provide regulatory stability for similar products.

Farm-Level Takeaway: A court decision that overturns Enlist labels would remove two major herbicides from use and reshape EPA’s future mitigation policies for other pesticides.
Tony St. James, RFD-TV Markets Specialist
Related Stories
Jed Bower, the incoming president of the National Corn Growers Association, joined us for his sector’s perspective on the ongoing government shutdown.
Treasury Secretary Scott Bessent last week said an announcement would be made on Tuesday. However, that self-imposed deadline has now passed.
Crop insurance remains a vital tool for managing climate-driven risk.
RFD-TV Farm Legal and Tax Expert Roger McEowen with the Washburn School of Law dives into a “potpourri” of ag tax and law-related issues in his latest Firm to Farm blog post.
Lewis Williamson, from HTS Commodities, joined us to share insights on the farm economy from producers in the field.
Congress has just over a month of working days left for the year. Plan for uneven USDA service until funding is restored, and closely monitor Farm Bill talks, as avoiding Permanent Law before January 1 is the single biggest risk to markets and milk prices.

Tony St. James joined the RFD-TV talent team in August 2024, bringing a wealth of experience and a fresh perspective to RFD-TV and Rural Radio Channel 147 Sirius XM. In addition to his role as Market Specialist (collaborating with Scott “The Cow Guy” Shellady to provide radio and TV audiences with the latest updates on ag commodity markets), he hosts “Rural America Live” and serves as talent for trade shows.

LATEST STORIES BY THIS AUTHOR:

Expect firm demand for dependable HRS and SW, steady movement in HRW, more sorting on SRW, and selective bids on durum until full milling results are released.
Reversion would sharply increase dairy prices and raise crop supports, driving up government costs and consumer prices while unsettling markets—even as crop insurance remains in place.
Treat financial stress as a health risk—know the warning signs, normalize conversations, and connect farm families to local and national support early.
Mexico’s tougher, two-step treatment and added checkpoints are catching cases before they can spread—good news for producers near the border.
Harvest Builds As Logistics And Input Costs Shape Fall Decisions
Focus on home radon testing—not changing your diet—because background sources vastly outweigh any exposure from naturally radioactive foods.
Agriculture Shows
Hosted by Scott “The Cow Guy” Shellady and RFD News Markets Specialist Tony St. James, Commodity Talk delivers expert insight into the day’s ag commodity markets just before the CME opens. Only on RFD-TV and Rural Radio SiriusXM Channel 147.
A look at the news, weather and commodities headlines that drove agriculture markets in the past week.
Everything profits from prairie. Soil, air, water — and all kinds of life! Learn how you can improve your land with prairie restoration, cover crops and prairie strips, while growing your bottom line.
Special 3-part series tells the story of the Claas family’s legacy, which changed agriculture forever.