On March 29, 2022 the EPA restored the use of Enlist herbicides to many U.S. counties. The label ammendment lifts county level bans on use of Enlist and Enlist Duo in 134 counties across multiple states, including those where the Amercian Burying Beetle is present.

The EPA issued seven-year registrations for Enlist Duo and Enlist One in January. The updated registrations will be in effect for the 2022 growing season. 

The new registrations include additional protective measures and restrictions for applicators. New measures include:

Mitigation credits

Additionally, users of Enlist One and Enlist Duo must earn credits based on the hydrologic soil groups of their fields. Soils are classified in four different subgroups. For Hydrologic Soil Groups A and B, applicators must earn four credits, while applicators managing land in Hydrologic Soil Groups C and D must earn six credits.

Users can choose from a list of mitigation measures to achieve the appropriate number of points needed. For example, planting cover crops earns two credits. The mitigation measures generally function by reducing potential for runoff. They include:

An announcement from EPA’s Office of Chemical Safety and Pollution Prevention, requiring users to select from a list of runoff reduction measures will reduce detrimental effects of runoff while providing applicators and land managers with flexibility.

EPA will also be prohibiting the use of Enlist Duo and Enlist One in counties where they identified risks to plant and animal species.

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. 

Even after the March revision, some U.S. counties remain on the do not spray list. EPA recommends that users read page 16 of the new Enlist One label and page 16 of the new Enlist Duo label to see which counties remain prohibited.