The EPA, to settle a lawsuit over biofuel regulation, said on Monday it would consult with federal wildlife agencies on whether the Renewable Fuel Standard adversely affects endangered species. The consultation would be performed before the EPA finalizes the RFS for 2023-23, now expected in June.
In exchange, the Center for Biological Diversity would drop its lawsuit, which said the EPA failed to carry out Endangered Species Act consultations with the Fish and Wildlife Service and the National Marine Fisheries Service as part of work on the RFS for 2020-22. The Renewable Fuel Standard sets targets for mixing biofuels into the gasoline supply for cars and light trucks.
Ethanol trade group Growth Energy said “extensive research” showed the RFS does not alter land use patterns or impact endangered species. “We look forward to EPA performing its own assessment…and reaching the same conclusion.”
When it filed suit in federal appeals court in 2022, the Center for Biological Diversity said the EPA repeatedly failed to assess the threat to endangered species posed by increased corn production. “The ever-increasing amounts of corn grown to burn as fuel only exacerbate dead zones in the ocean, worsen water pollution, and drive endangered species closer to extinction,” it said.
Public comments will be accepted until May 17 on the proposed settlement. A Federal Register notice describing the proposal is available here.