Growth Energy Addresses Settlement between CBD, EPA on ESA Consultation on the Renewable Fuel Standard

WASHINGTON, D.C. — Growth Energy, the nation’s largest biofuels trade association, released the following statement today on a proposed settlement between the Center for Biological Diversity (CBD) and the U.S. Environmental Protection Agency (EPA) that would resolve CBD’s challenge to EPA’s Endangered Species Act (ESA) assessment of the 2020-2022 RVO under the Renewable Fuel Standard (RFS).

“Extensive research has shown that the RFS achieves its goal of lowering carbon emissions without causing land use or other environmental changes that impact endangered species. We look forward to EPA performing its own assessment under the terms of the settlement and reaching the same conclusion” said Growth Energy CEO Emily Skor. “We welcome the news that CBD and EPA have reached a settlement on CBD’s pending lawsuit on the 2020-2022 renewable volume obligation (RVO) ‘Reset’ rule, and remain focused on ensuring that EPA finalizes the RFS ‘Set’ rule for the 2023-2025 RVOs in accordance with our June 14 consent decree with EPA.”


In the underlying lawsuit, CBD alleged that EPA failed to comply with the ESA by issuing the 2020-2022 renewable volume obligations (RVOs) under the Renewable Fuel Standard (RFS) without completing an ESA Section 7 consultation to determine the RFS’s potential impact on endangered species. Under the proposed settlement of that lawsuit, EPA would be required to take “appropriate action” after completing its ESA consultation regarding the potential impact of the proposed RFS “Set” Rule, which would cover 2023-2025 RVOs, on endangered species and habitat. Under a separate consent decree between Growth Energy and EPA, the Set Rule must be finalized no later than June 14, 2023.