The EPA has informed a federal appeals court that it is withdrawing its approval for Dow AgroSciences' glyphosate and 2,4-D mix, known as Enlist Duo, in order to review new data on the chemical.  In a motion to voluntarily remand the issue to the agency, the EPA has asked the 9th U.S. Circuit Court of Appeals to vacate the 2014 registration while it reviews whether there are potential risks to off-target plants from the mixing of the herbicides. The Natural Resources Defense Council, Center for Food Safety and other environmental groups sued the EPA shortly after it signed off on the Dow product, arguing that the agency had failed to fully consider the effects of the pesticide on endangered species and pollinators.

 

In the motion the agency explained "Here, EPA has learned that it did not have all relevant information at the time it made its registration decision…specifically, Dow did not submit to EPA during the registration process the extensive information relating to potential synergism it cited to the Patent Office; EPA only learned of the existence of that information after the registrations were issued and only recently obtained the information."

 

The data, which the agency said it received two weeks ago, raises questions over whether the 30-foot buffer around fields to prevent drift from the herbicide is sufficient. The EPA says it will review the information and determine whether and with what conditions to issue a new registration decision.  Enlist Duo was not approved for aerial use even before the EPA approval withdrawal.