Center for Biological Diversity v. EPA

Center for Biological Diversity (CBD) and EPA reached a settlement to resolve CBD’s challenge to EPA’s Renewable Fuel Standards for 2020, 2021, and 2022. CBD had contended that EPA violated the Endangered Species Act, the Clean Air Act, and Administrative Procedure Act by failing to complete consultation under Section 7(a)(2) of the Endangered Species Act and to consider the standards’ potential impacts on endangered and threatened species and critical habitat. The settlement agreement noted that EPA had initiated consultation in conjunction with its proposed Renewable Fuel Standard annual rules for 2023, 2024, and 2025 (the “RFS Set Rule”). The settlement agreement provided that EPA would take “appropriate action” for each species covered by its biological evaluation and that CBD would file a stipulation of voluntary dismissal of its lawsuit upon notice from EPA of the termination of the consultation but would retain the right to challenge the RFS Set Rule and the related consultation.