Southern Crop

Southern Crop

Environmentals Sue the EPA for Granting a Conditional Registration of Enlist Duo

Update – Enlist Duo, an Herbicide product containing 2,4-D and Glyphosate – Environmental groups have sued the EPA for granting a conditional registration of Enlist Duo, alleging that “… EPA violated its duties under the Pesticide Act in issuing the conditional registration. Petitioners further request [the] Court to find that EPA violated the Agency’s duties under the Endangered Species Act … by failing to consult with the United States Fish and Wildlife Service or the National Marine Fisheries Service to insure that conditionally registering Enlist Duo for uses on GE corn, soybean, and cotton in the thirty-four states to insure that the conditional registration will not jeopardize any listed species or destroy or adversely modify any of their critical habitats …” – The petitioners bringing the lawsuit include the “… National Family Farm Coalition, Family Farm Defenders, Pesticide Action Network North America, Beyond Pesticides, Center for Food Safety and the Center for Biological Diversity, represented jointly by legal counsel from Earthjustice and Center for Food Safety …”

Web site: Source: March 21, 2017 Petition to Review filed in the U.S. Court of Appeals for the Ninth Circuit posted at
http://www.centerforfoodsafety.org/files/petition-for-review_00665.pdf

Additional information about the Registration of Enlist Duo is available at
http://www.epa.gov/ingredients-used-pesticide-products/registration-enlist-duo

The January 12, 2017 EPA Pesticide News Story, titled “EPA Amends Registration for Enlist Duo Herbicide to Add GE Cotton and Additional States”, is posted at
http://www.epa.gov/pesticides/epa-amends-registration-enlist-duo-herbicide-add-ge-cotton-and-additional-states

November 1, 2016 EPA Pesticide News Story, titled “EPA Re-affirms Decision on Enlist Duo for GE Crops and Proposes to Amend the Registration”, posted at
http://www.epa.gov/pesticides/epa-re-affirms-decision-enlist-duo-ge-crops-and-proposes-amend-registration

The October 31, 2016 EPA Memo, titled “Public Participation for Evaluation of 2,4-D Choline Salt Herbicide on Enlist Corn, Soybeans, and Cotton”, is posted at
http://www.regulations.gov/document?D=EPA-HQ-OPP-2016-0594-0004

The January 25, 2016 U.S. Court of Appeals for the Ninth Circuit Order, Case 14-73359, is posted at
http://www.fien.com/pdfs/CFSvsEPADowEnlistDuo.pdf

The November 25, 2015 Dow AgroSciences News Release, titled “Dow Expects Enlist Duo to be Available for the 2016 U.S. Crop Season”, is posted at
http://www.dowagro.com/en-us/newsroom/pressreleases/2015/11/enlist-duo-statement

The November 24, 2015 EPA Motion filed in the U.S. Court of Appeals for the Ninth Circuit in California, Case Number 14-73353, is posted at
http://www.fien.com/pdfs/EPA-EnlistDuo-11-24-15.pdf

The August 11, 2015 Order of the U.S. Court of Appeals for the Ninth Circuit in California, Case Number 14-73353, is posted at
http://www.fien.com/pdfs/NRDCvEPA-14-73353.pdf

The Petition for Review, titled “Center for Food Safety et al, Petitioners vs. EPA, Respondents”, filed on October 22, 2014 in the U.S. Court of Appeals for the Ninth Circuit in California is posted at
http://www.fien.com/pdfs/CFSvsEPAEnlistComplaint.pdf

The October 15, 2014 EPA News Release, titled “EPA Announces Final Decision to Register Enlist Duo, Herbicide Containing 2, 4-D and Glyphosate/Risk assessment ensures protection of human health, including infants, children”, is posted at
http://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/72fde554930f3f6985257d7200591180!OpenDocument
* The Registration Documents for Enlist Duo Herbicide are available at
http://www2.epa.gov/ingredients-used-pesticide-products/registration-documents-enlist-duo-herbicide
* Questions and Answers about the EPA final regulatory decision are available at
http://www2.epa.gov/ingredients-used-pesticide-products/registration-enlist-duo

September 22, 2014 USDA APHIS Federal Register Notice, titled “Dow AgroSciences LLC; Determination of Nonregulated Status of Herbicide Resistant Corn and Soybeans”, posted at
http://www.gpo.gov/fdsys/pkg/FR-2014-09-22/html/2014-22409.htm

The September 17, 2014 USDA APHIS “Record of Decision for DAS-4406-6 Soybean, DAS-6816-4 Soybean, and DAS-40278-9 Corn (Petitions 09-233-01p, 09-349-01p, and 11-234-01p)” is posted at
http://1.usa.gov/1pkcA6g
* Specifically at
http://www.regulations.gov/#!documentDetail;D=APHIS-2013-0042-11195
* The September 16, 2014 USDA APHIS “Determination of Nonregulated Status for DAS-6816-4 Soybean – Petition 09-349-01p” is posted at
http://www.regulations.gov/#!documentDetail;D=APHIS-2013-0042-11193
* The September 16, 2014 USDA APHIS “Determination of Nonregulated Status for DAS-40278-9 Corn – Petition 09-233-01p” is posted at
http://www.regulations.gov/#!documentDetail;D=APHIS-2013-0042-11194
* The September 16, 2014 USDA APHIS “Determination of Nonregulated Status for DAS-44406-6 Soybean – Petition11-234-01p” is posted at
http://www.regulations.gov/#!documentDetail;D=APHIS-2013-0042-11192
* Additional USDA APHIS supporting documents are available at
http://1.usa.gov/1r0Vn7j

August 6, 2014 USDA APHIS News Release, titled “USDA Announces Final Environmental Impact Statement for Corn and Soybean Plants Resistant to the Herbicide 2,4-D and Availability of a Draft Environmental Impact Statement for Cotton and Soybean Plants Resistant to the Herbicide Dicamba”, posted at
http://1.usa.gov/1tXNjq2

The May 14, 2014 EPA Pesticide Program Update, titled “EPA Extends Comment Period on Proposed Decision to Register Enlist Duo Herbicide Containing the Choline Salt of 2,4-D and Glyphosate”, is posted at
http://www.epa.gov/oppfead1/cb/csb_page/updates/2014/enlist-duo-extend.html

The April 30, 2014 EPA Pesticide Program Update, titled “EPA Seeks Comment on Proposed Decision to Register Enlist Duo Herbicide Containing 2,4-D and Glyphosate”, which includes Questions and Answers, is posted at
http://www.epa.gov/pesticides/factsheets/2-4-d-glyphosate.html

The April 30, 2014 EPA Memorandum on Public Participation for 2,4-D Choline salt Herbicide for Use on 2,4-D Tolerant Corn and Soybeans is available at
http://www.regulations.gov/#!docketDetail;D=EPA-HQ-OPP-2014-0195
* Specifically at
http://www.regulations.gov/contentStreamer?objectId=09000064816d7470&disposition=attachment&contentType=pdf

Additional information about 2, 4-D, Choline salt is available from EPA at
http://iaspub.epa.gov/apex/pesticides/f?p=CHEMICALSEARCH:3:0::NO:1,3,31,7,12,25:P3_XCHEMICAL_ID:2274

* For previous messages on this topic, search for the term – Enlist Duo – at http://www.fien.com/login/logins.php?RELOAD=/search_article.php

Contact: Questions about the registration of Enlist Duo may be directed to Michael L. Goodis who is with the Registration Division of the Office of Pesticide Programs, a unit of the EPA Office of Chemical Safety and Pollution Prevention in Arlington, Virginia at 703 305 7090; e-mail: Goodis.Michael@EPA.gov

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