On January 11, 2022, the Environmental Protection Agency (“EPA”) granted new registrations and labels for Corteva’s Enlist One and Enlist Duo herbicides. [Documents here.] The EPA approved registration but included additional requirements and a list of counties across the U.S. for which use will be banned.
Background
Enlist One and Enlist Duo are 2,4-D-based herbicides for over-the-top use in 2,4-D-tolerant cotton, corn, and soybeans to help control broadleaf weeds. They were initially registered for five years in 2017. That registration was set to expire on January 12, 2022.
The new registration was issued on January 11, 2022 and will be in place for seven years. The new label adds several new requirements in order to protect endangered species and habitats, protect pollinators, and limit off-target drift. Additionally, the labels prohibit the use of Enlist Duo in 217 counties in 21 states (including Texas) and prohibit the use of Enlist One in 169 counties in 14 states (including Texas).
New Label Requirements
There are a litany of new label requirements, including:
No application permitted after soybean and cotton crops are in bloom and might attract pollinators
No application permitted when rainfall is expected within 48 hours or soil is fully saturated
No irrigation that could produce runoff within 48 hours of application
Runoff reduction measures required (list of options given)
Only approved tank mixes, nozzles, and spray pressures allowed
Downwind 30-foot infield buffer requires to protect sensitive areas
Corteva to provide mandatory education and training about importance of pollinators
County Prohibitions
The use of Enlist Duo or Enlist One will be prohibited in numerous counties across the country. The EPA says this prohibition is “in counties where EPA has identified risks to listed species that use corn, cotton, or soybean fields for diet and/or habitat.”
In Texas, the use of Enlist Duo is prohibited in the following counties: Bastrop, Bell, Bowie, Burleson, Cameron, Colorado, Cooke, Fannin, Grayson, Hidalgo, Hill, Lamar, McLennan, Milam, Nueces, Red River, Refugio, Robertson, San Patricio, Victoria, Willacy and Williamson.
In Texas, the use of Enlist One is prohibited in the following counties: Bell, Bowie, Cameron, Cooke, Fannin, Grayson, Hidalgo, Hill, Lamar, McLennan, Nueces, Red River, San Patricio, Willacy and Williamson.
For more information, see EPA renews Enlist herbicides, adds new protective measures
Tiffany Lashmet discusses the EPA’s ban of Enlist Duo and Enlist One in Texas counties in her latest Texas Agriculture Law Blog.
