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Plaintiffs say EPA used outdated 2018–2019 usage data and ignored the rapid expansion of Enlist technologies.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
California rancher and former NCBA President Kevin Kester joined House Republicans on Tuesday to tout provisions in the Big, Beautiful Bill that support family ranches.
The EPA proposal laid out two options: fully reallocate all exempted volumes to the 2026–2027 standards, or reallocate half.
The Fertilizer Research Act, reintroduced by Sens. Grassley, Ernst, and Baldwin, would direct the USDA to study and publish public reports on competition and pricing trends in the fertilizer market.
Allowing year-round sales of E15 nationally could deliver billions in economic gains, according to a new study from the Renewable Fuels Association and National Corn Growers Association.
U.S. aquaculture may gain competitive ground as harmful subsidies are phased out abroad, but producers should monitor shifts in import supply chains and trade enforcement closely.
U.S. Secretary of Agriculture Brooke L. Rollins today issued a new memorandum to modernize and strengthen America’s wildfire prevention and response system.
Understanding the Big, Beautiful Bill’s complex impact on SNAP benefits – that’s the topic of today’s Firm to Farm blog post by RFD-TV’s legal expert, Roger McEowen.
Year-round sales of E-15 are another major topic on Capitol Hill, which, according to Rep. Adrian Smith (R-NE), is one issue up for debate this session with significant bipartisan support.
Lawmakers have until September 30 to shore up federal spending for next year, or risk a government shutdown. The Farm Bill is also set to expire the same day.

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:

Prepare for softer milk checks into winter, watch cull-cow values and timing, and stress-test cash flow as product prices recalibrate.
Expect incremental near-term lift for feed grains, proteins, and ethanol as tariff cuts and smoother approvals translate into real orders.
If confirmed, early Chinese buys tighten nearby Gulf/PNW capacity and could bump basis in export-oriented regions.
Trade pacts with Malaysia and Cambodia unlock tariff-free and preferential lanes for key U.S. farm goods, expanding long-term demand in Southeast Asia.
The review signals renewed scrutiny of China’s agricultural trade pledges and could reshape farm export opportunities depending on its outcome.
The U.S.-Japan tech pact signals long-term investment in bio-innovation, connectivity, and secure supply chains — all of which can strengthen rural manufacturing, ag exports, and digital infrastructure critical to the next generation of farm productivity.
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.