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Plaintiffs say EPA used outdated 2018–2019 usage data and ignored the rapid expansion of Enlist technologies.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
The USDA’s Farm Service Agency (FSA) has issued final Emergency Livestock Relief Program (ELRP) payments totaling more than $1.89 billion.
Formally dubbed “Farm Bill 2.0” by committee leadership, the draft surfaces after a high-stakes legislative dance that saw much of the traditional farm bill’s funding, specifically for crop insurance and safety net programs, carved out and passed in last year’s One Big Beautiful Bill Act (OBBBA).
Alliant Chairman of Agriculture and former U.S. Ag Secretary Mike Johanns explains the R&D Tax Credit, the recent Tax Court ruling, and ways livestock producers and agribusinesses can qualify.
Ag Committee Chairman Rep. Glenn “GT” Thompson has referred to the proposal as “Farm Bill 2.0.”
RealAg Radio host Shaun Haney talks about the U.S. House’s latest vote to roll back tariffs on Canada and the ongoing discussions surrounding North American trade.
Alaska Congressman discusses his new role as Executive Vice Chair of the Congressional Western Caucus and his priorities for the West in the 119th Congress.

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:

Cotton acres slipping as competing crops gain ground.
Rising Chinese feed output — especially for swine — signals sustained demand for protein meals and feed inputs, even when meat production growth appears modest.
Ethanol output is improving, but weak domestic demand and export headwinds temper optimism about corn demand. Renewable Fuels Association President & CEO Geoff Cooper discusses the latest developments on Federal approval of year-round E15.
Nitrogen and phosphate markets are tightening ahead of spring, keeping fertilizer costs elevated while crop prices lag.
In the U.S. and Canada, reduced planted acres—not yield losses—led to a decline in potato production, while Mexico saw modest gains due to increased yields and harvested areas.
AFBF Economist Samantha Ayoub discusses the latest data on Chapter 12 farm bankruptcy filings and what the troubling trend signals for the farm economy. At the same time, bigger loans and higher rates are squeezing working capital and increasing financial risk.
Agriculture Shows
Special 3-part series tells the story of the Claas family’s legacy, which changed agriculture forever.
From soil to harvest. Top Crop is an all-new series about four of the best farmers in the world—Dan Luepkes, of Oregan, Illinois; Cory Atley, of Cedarville, Ohio; Shelby Fite, of Jackson Center, Ohio; Russell Hedrick, of Hickory, North Carolina—reveals what it takes for them to make a profitable crop. It all starts with good soil, patience, and a strong planter setup.
Champions of Rural America is a half-hour dive into the legislative priorities for Rural America. Join us as we interview members of the Congressional Western Caucus to learn about efforts in Washington to preserve agriculture and tackles the most important topics in the ag industry on Champions of Rural America!
Featuring members of Congress, federal and state officials, ag and food leaders, farmers, and roundtable panelists for debates and discussions.