EPA gives Enlist green light in 134 counties

Grower groups hope EPA partially stepping back from its decision to restrict herbicides will allow for continued science-based decisions.

Jacqui Fatka, Policy editor

March 30, 2022

6 Min Read
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The Environmental Protection Agency has reinstated grower access to two crucial herbicides - Corteva Agrisciences’ Enlist One and Enlist Duo – which are now the first products to complete the EPA’s new Endangered Species Act Protection risk assessment process.

The herbicides used to control weeds in conventional and genetically-modified corn, cotton and soybean crops. The products were identified by EPA as important tools to address weed control for species that have developed resistance to multiple herbicides.

In January 2022, EPA renewed time-limited registrations for both products in 34 states. In action March 29, EPA has reinstated access for the herbicides for the 2022 growing season in 134 counties nationwide. Enlist One and Enlist Duo can now be used in all counties of Arkansas, Kansas, Minnesota, Missouri, Nebraska, Ohio, Oklahoma and South Dakota. In Texas, Enlist products can now be used in Bowie, Cooke, Fannin, Grayson, Lamar and Red River counties. 

EPA issued updated supplemental labels for the herbicides that remove geographic restrictions for two listed species, the American Burying Beetle and the Eastern Massasauga Rattlesnake. Enlist herbicides were granted a seven-year amended registration in January.

The active ingredient, 2,4-D, which is in both Enlist One and Enlist Duo, provides control of broadleaf weeds including glyphosate-resistant weeds like Palmer amaranth. The active ingredient, glyphosate, which is only in Enlist Duo, provides control of both grass weeds and broadleaf weeds, according to a release from the EPA.

“Corteva Agriscience is working on behalf of our customers to see as many labeled-off counties reinstated as possible while still protecting listed species and their habitats,” says Susanne Wasson, president, crop protection business platform for Corteva Agriscience. “American Burying Beetle and Eastern Massasauga Rattlesnake counties were prioritized because they represent the majority of restricted acres and getting them back on the label allows more growers access to this critical weed control technology for 2022.”

The Enlist weed control system includes Enlist herbicides, Enlist Ahead, Enlist E3 soybeans, Enlist® cotton and Enlist corn. The comprehensive system offers multiple herbicide modes of action to control tough weeds and is centered around 2,4-D choline with Colex-D technology, which provides key benefits including near-zero volatility, reduced potential for off-target movement and physical drift, and improved handling characteristics when applied pursuant to label instructions. Further, Enlist cotton and Enlist E3 soybean crops are tolerant to three herbicide modes of action, 2,4-D choline, glufosinate and glyphosate, allowing for a robust integrated weed management program to tackle herbicide resistance and improve the sustainability of farmers’ weed control practices.

“Demand for this leading weed control system continues to grow and Corteva Agriscience field teams are ready to serve growers with Enlist traited crops and herbicides as we move into spring planting,” explains Cynthia Ericson, vice president, U.S. marketing for Corteva Agriscience. 

Growers welcome EPA action

Grower groups including the American Soybean Association, American Farm Bureau Federation, National Corn Growers Association and National Cotton Council welcomed and expressed appreciation for the announcement. This label amendment, prompted by new data submitted to EPA.

The grower groups hope the Enlist decision has provided EPA a good learning opportunity to instruct future registration decisions. Growers have been very critical of bans affecting entire counties where protected species may be present in only a fraction of the county or potentially not at all, or where conservative methods have overestimated the impact on some species.

Brad Doyle, soy farmer from Arkansas and president of the American Soybean Association, says the county-level bans had growers in these areas “anxious and frustrated” when the announcement came out in January – especially in this market where inputs are scarce and costs are sky high.

“We appreciate EPA hearing our concerns and working to quickly restore access in many counties where science and data support doing so,” Doyle says.

Iowa farmer and National Corn Growers Association President Chris Edgington also thanked EPA for “expeditiously reviewing the data and lifting the corresponding restrictions.”

Announcements of new restrictions just weeks ahead of planting after many growers have already received products has also been stressful to producers. Numerous counties remain under county-level bans following EPA’s latest decision. The groups hope the agency will continue reviewing data that might allow use to be restored in those areas, as well.

American Farm Bureau Federation President Zippy Duvall adds, “AFBF is glad EPA is partially stepping back from its decision to restrict critically needed herbicides right before spring planting. It is essential that EPA continue to work with farmers to understand the impacts of its decisions. Products like Enlist enable farmers to utilize environmentally beneficial practices that preserve the soil, minimize fuel use, and capture carbon. We hope EPA is cognizant of timing constraints, supply chain challenges and the implications of various restrictions in future pesticide decisions.”

Stephen Logan, chairman of the National Cotton Council’s Environmental Task Force and cotton producer from Louisiana, expressed appreciation that EPA continues to refine the science necessary to comply with the ESA and FIFRA mandates, stating, "Many mitigations are already in place, and others—such as reasonable buffers—provide species protection without banning use for the whole county. I hope EPA and the Services continue to refine their decision process and credit farmers for our environmental stewardship actions on our farmlands.”

In January, EPA issued new seven-year registrations for over-the-top use of herbicides Enlist and Enlist Duo on herbicide-tolerant corn, cotton and soybeans. While the new registrations were welcome and worked for many growers across the country, producers in 217 counties disproportionally concentrated in several states were impacted by county-level bans, risking production in affected counties amidst ongoing supply chain challenges. Grower groups have urged EPA to review additional data that may allow for lifting county-level bans and view the most recent announcement as a significant step toward that outcome.

Restriction exist

The federal label allows use of Enlist One and Enlist Duo in the following states: Alabama, Arkansas, Arizona, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia and Wisconsin with some restrictions. 

The products are restricted in the following counties:

  • Arizona - Yuma, Pinal or Pima counties in areas south of Interstate Highway 8 and west of US Highway 85. In Yuma, Pinal, Maricopa, Pima, La Paz, and Santa Cruz counties, do not use GF3335 on land administered by the US Fish and Wildlife Service or National Park Service

  • Arkansas - Crawford, Franklin, Johnson, Little River, Logan, Montgomery, Polk, Scott, Sebastian, Sevier and Yell

  • Colorado - Weld

  • Florida - Brevard, Broward, Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough, Indian River, Lee, Manatee, Martin, Miami-Dade, Okeechobee, Orange, Osceola, Palm Beach, Polk, Sarasota, and St. Lucie

  • Kansas - Chautauqua, Cherokee, Cowley, Elk, Greenwood, Labette, Montgomery, Neosho, Wilson, and Woodson

  • Massachusetts - Nantucket

  • Missouri - Barton, Bates, Cedar, St. Clair and Vernon Nebraska Antelope, Blaine, Boone, Boyd, Brown, Cherry, Custer, Dawson, Frontier, Furnas, Garfield, Gosper, Greeley, Hayes, Holt, Hooker, Howard, Keya Paha, Knox, Lincoln, Logan, Loup, McPherson, Merrick, Nance, Phelps, Red Willow, Rock, Sherman, Thomas, Valley and Wheeler

  • Ohio - Athens, Butler, Fairfield, Guernsey, Hamilton, Hocking, Morgan, Muskingum, Noble, Perry, Vinton and Washington

  • Oklahoma - Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Cleveland, Coal, Craig, Creek, Delaware, Garvin, Haskell, Hughes, Johnston, Kay, Latimer, Le Flore, Lincoln, Love, Marshall, Mayes, McClain, McCurtain, McIntosh, Murray, Muskogee, Noble, Nowata, Okfuskee, Okmulgee, Osage, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Rogers, Seminole, Sequoyah, Tulsa, Wagoner and Washington

  • Rhode Island - Washington

  • South Dakota - Bennett, Charles Mix, Gregory, Lyman, Mellette, Todd and Tripp

  • Tennessee - Wilson

  • Texas - Bell, Bowie, Cameron, Cooke, Fannin, Grayson, Hidalgo, Hill, Lamar, McLennan, Nueces, Red River, San Patricio, Willacy, and Williamson

 

 

About the Author(s)

Jacqui Fatka

Policy editor, Farm Futures

Jacqui Fatka grew up on a diversified livestock and grain farm in southwest Iowa and graduated from Iowa State University with a bachelor’s degree in journalism and mass communications, with a minor in agriculture education, in 2003. She’s been writing for agricultural audiences ever since. In college, she interned with Wallaces Farmer and cultivated her love of ag policy during an internship with the Iowa Pork Producers Association, working in Sen. Chuck Grassley’s Capitol Hill press office. In 2003, she started full time for Farm Progress companies’ state and regional publications as the e-content editor, and became Farm Futures’ policy editor in 2004. A few years later, she began covering grain and biofuels markets for the weekly newspaper Feedstuffs. As the current policy editor for Farm Progress, she covers the ongoing developments in ag policy, trade, regulations and court rulings. Fatka also serves as the interim executive secretary-treasurer for the North American Agricultural Journalists. She lives on a small acreage in central Ohio with her husband and three children.

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