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Jul. 17, 2023 Source: National Agricultural Law Center On June 6, 2023, a coalition of environmental and agricultural labor groups lead by the Center for Food Safety filed a lawsuit against the Environmental Protection Agency ("EPA") to challenge the agency's registrations for the herbicides Enlist One and Enlist Duo (collectively, "Enlist products"). Specifically, the plaintiffs claim that EPA's 2022 decision to extend the registrations for Enlist One and Enlist Duo for an additional seven years violated both the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), and the Endangered Species Act ("ESA"). This is not the first lawsuit to challenge EPA's registration of Enlist products. In 2020, the Ninth Circuit Court of Appeals issued a decision in a case challenging EPA's 2017 registration of Enlist Duo. There, the court upheld the registration, with a stipulation that EPA reevaluate the potential harm that Enlist Duo may cause to monarch butterflies. In this latest lawsuit, the plaintiffs are once again asking the court to overturn the registrations of Enlist One and Enlist Duo. Background Enlist One and Enlist Duo are both herbicides manufactured by Corteva that contain the choline salt of 2,4-dichlorophenozyacetic acid choline salt ("2,4-D"), an active ingredient that is used to control broadleaf weeds, including glyphosate-resistant weeds like Palmer amaranth, also known as pigweed. Enlist Duo contains the active ingredients 2,4-D and glyphosate, which allows for control of both broadleaf and grass weeds. Both Enlist products are registered for use on corn, soybean, and cotton crops that have been genetically engineered to be resistant to 2,4-D. Enlist products may also be used on conventional corn crops, and on uncultivated fields before planting any corn, soybean, or cotton crops, up to emergence. To read the entire report click here. Tweet |
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