EPA Expands Use of Enlist Products to 134 Additional Counties for the 2022 Growing Season

This original announcement was published by the EPA on March 29, 2022. Click here for more information.


Following the thorough review of a proposed label amendment, the U.S. Environmental Protection Agency (EPA) has approved the use of Enlist One and Enlist Duo in 134 additional counties, providing growers with additional weed management options for the 2022 growing season. Today’s action is an example of EPA’s commitment to working with stakeholders when new information becomes available to make regulatory decisions that reflect the best available science and protect human health and the environment.

Enlist One and Enlist Duo, two herbicides used to control weeds in conventional and genetically-modified corn, cotton, and soybean crops, 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. Read page 16 of the new Enlist One label and page 16 of the new Enlist Duo label to see which counties remain prohibited.

In January 2022, EPA issued seven-year registrations for these Enlist products. At that time, Enlist One and Enlist Duo were not approved for use in all counties of the United States. Counties were prohibited if they were not proposed for use by the product registrant, Corteva, or if EPA expected the use of Enlist products would likely affect or jeopardize federally threatened or endangered (listed) species that live on-field in a county.

In February 2022, Corteva submitted a label amendment to propose use of Enlist One and Enlist Duo in 128 additional counties. Corteva did not propose use in these counties during the registration renewal because Enlist products were previously thought to put the American Burying Beetle, a threatened species, at risk. However, after the renewal action was complete, Corteva proposed that EPA consider use in these counties. Based on EPA’s new effects determination, which included a robust analysis of updated species range maps from the U.S. Fish and Wildlife Service (FWS), EPA expects that the use of these products — with the existing label requirements in place to mitigate spray drift and pesticide runoff — will not likely jeopardize the American Burying Beetle or other listed species and their critical habitats in these counties.

In March 2022, Corteva also submitted a label amendment to propose use of Enlist Duo in six Minnesota counties. EPA previously prohibited use in these counties because the Agency expected that the use of Enlist Duo would likely jeopardize the Eastern Massasauga rattle snake exposed on-field. However, EPA’s prior analyses were based on FWS’s 2020 species range maps. EPA subsequently learned that FWS updated their species range map in 2021, which shows that the Eastern Massasauga rattle snake is no longer present in Minnesota. Therefore, EPA has now determined that the prohibition of Enlist Duo in these counties is no longer necessary. In addition, EPA evaluated whether the use of Enlist Duo would affect other off-field listed species that live in these counties. EPA now expects that, given the current mitigations on the product labels, these products will not likely jeopardize listed species or adversely modify critical habitats. The current mitigations will also reduce unintentional harm (i.e., “take”) to individuals of all listed species in these counties.

Regardless of whether Enlist One and Enlist Duo are applied in a county that contains listed species or not, all Enlist One and Enlist Duo applicators — in all 34 states where these products are registered for use — must follow label requirements that reduce pesticide spray drift and runoff. Additionally, it is important to note that Enlist One and Enlist Duo are still prohibited in several counties where EPA identified risks to other on-field listed species during earlier registrations, including prohibitions EPA recently implemented based on the Agency’s 2022 effects determination.

In addition to today’s action, EPA corrected an oversight on the Enlist One and Enlist Duo product labels by removing prohibitions for two counties in Massachusetts and Rhode Island. Enlist products are not registered for use in the states of Massachusetts or Rhode Island, and therefore Enlist products remain prohibited in all counties of these states.

To view the registration documents for Enlist One and Enlist Duo, go to docket EPA-HQ-OPP-2021-0957. To learn more about these products, read EPA’s Q&A.

EPA Approves Label Amendments that Further Restrict the Use of Over-the-Top Dicamba in Minnesota and Iowa

This original announcement was published by the EPA on March 16, 2022. Click here for more information.


The U.S. Environmental Protection Agency (EPA) has approved label amendments that further restrict the use of over-the-top dicamba in Minnesota and Iowa. The amendments, requested by pesticide registrants in consultation with those states, are intended to reduce risks from the use of over-the-top dicamba, an herbicide used to control certain types of broadleaf weeds.

The revised labeling prohibits over-the-top dicamba application:

  • On dicamba-tolerant crops after June 20 in Iowa;
  • On dicamba-tolerant crops south of Interstate 94 after June 12 in Minnesota (the cut-off date for land north of Interstate 94 remains June 30); and
  • When the air temperature is over 85 degrees at the time of application or if the forecasted high temperature of the nearest available location exceeds 85 degrees in Minnesota.

These restrictions are intended to reduce the likelihood of volatility and offsite movement of over-the-top dicamba by avoiding application on days with high temperatures. Among other requirements, the product registrants must add the amended labeling to their training and educational materials and disseminate this information to pesticide authorities and agricultural extension services to assist users in their local area. These label amendments demonstrate EPA’s ongoing commitment to help states address issues related to incidents in their jurisdictions. EPA’s highest priority is to protect human health and the environment, and all pesticide decisions must be consistent with this principle.

In December 2021, EPA released a summary of dicamba-related incident reports from the 2021 growing season obtained from pesticide registrants, States, the general public, and non-governmental organizations. Despite the control measures implemented in EPA’s October 2020 dicamba registration decision, incidents from the 2021 growing season show little change in number, severity, or geographic extent of dicamba-related incidents when compared to the reports the Agency received before the 2020 control measures were required. EPA received approximately 3,500 dicamba-related incident reports from the 2021 growing season, including approximately 711 incidents reported in Minnesota and 528 incidents reported in Iowa. Additionally, more than 280 incident reports came from counties where additional restrictions are required to protect endangered species when dicamba is applied to dicamba-tolerant soybean and cotton crops, including approximately 34 incident reports in Minnesota and 69 in Iowa.

Based on prior research and numerous stakeholder meetings, EPA has reason to believe the number of incidents reported significantly understates the actual number of incidents related to dicamba use. For example, in a 2020 memo, EPA estimated that one in 25 dicamba incidents was reported to EPA. No evidence available to EPA suggests that underreporting has changed.

Given the incident information obtained from the 2021 growing season, EPA is reviewing whether over-the-top dicamba can be used in a manner that does not pose unreasonable risks to non-target crops and other plants, or to listed species and their designated critical habitats. EPA is also evaluating all of its options for addressing future dicamba-related incidents.

As EPA considers the regulatory tools available to further address dicamba-related incidents, the Agency continues to work with states and registrants to assess and implement additional restrictions. If a state wishes to further restrict or narrow the over-the-top uses of dicamba, it may use FIFRA section 24(a) to do so, or like this action, it may work with registrants to submit a label amendment containing state-specific restrictions for EPA approval.

To view the label amendments, visit docket EPA-HQ-OPP-2020-0492 at www.regulations.gov.

Background on Dicamba

In 2017 and again in 2018, EPA amended the registrations of all over-the-top dicamba products following reports that growers had experienced crop damage and economic losses resulting from the off-site movement of dicamba. The U.S. Court of Appeals for the Ninth Circuit vacated the 2018 registrations in June 2020 on the basis that “EPA substantially understated risks that it acknowledged and failed entirely to acknowledge other risks.” Days after the court’s decision, EPA issued cancellation orders for the affected products that addressed existing stocks. Additionally, the 2018 decision was the focus of an Inspector General report.

In October 2020, EPA issued new registrations for two dicamba products and extended the registration of an additional dicamba product. These registration decisions were made with some input of EPA’s career scientists and managers and were expected to address the risk concerns noted by the Ninth Circuit. All three registrations included new measures that the Agency expected would prevent off-target movement and damage to non-target crops and other plants.