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Plaintiffs say EPA used outdated 2018–2019 usage data and ignored the rapid expansion of Enlist technologies.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
Roger McEowen with the Washburn University School of Law joined us to provide legal insight and context on these issues facing agriculture. Today, he discusses pesticide litigation.
Sen. Deb Fischer reintroduces the HAULS Act to update hours-of-service exemptions and definitions affecting livestock and agricultural haulers. She joins us on Market Day Report to share more about her proposed legislation.
According to multiple reports, Sen. Amy Klobuchar is considering a bid for Minnesota governor. If elected, this would open a key seat on the Senate Agriculture Committee.
Dr. Seth Meyer Concludes Service; Dr. Justin Benavidez Appointed USDA Chief Economist
Last year was a busy year for pesticide litigation in the United States. At No. 10, it kicks off RFD-TV Legal Expert Roger McEowen’s list of the “Top 10” Agricultural Law and Tax Developments of 2025.
Read the full press release published by the U.S. Department of Agriculture.
A look at the legislative year ahead as lawmakers return to Washington with a slate of trade concerns to tackle in 2026—from new Chinese tariffs on beef imports to the USMCA review this summer.
Farmer Bridge Assistance payments provide immediate balance-sheet support heading into 2026, but remain a short-term bridge rather than a substitute for long-term market recovery.

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:

Winter Weather, Drought Shape Early 2026 Farm Conditions
As domestic production and blending slowed, export demand remained a clear bright spot.
Protein markets are fragmenting. Beef is supply-driven and more structurally expensive, whereas pork and poultry remain price-competitive.
Reducing mental stress and focusing on controllable actions can improve decision-making in high-pressure environments, according to Hollywood actor and former Calif Gov. Arnold Schwarzenegger.
Tight fed supplies shift margin risk to packers, strengthening cattle price leverage but increasing volatility.
Expanding chicken supplies are likely to keep prices under pressure in early 2026 despite steady demand growth.
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.