Description: Challenge to the U.S. Environmental Protection Agency’s (EPA’s) final rule establishing annual renewable fuel standards for 2020, 2021, and 2022.
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Center for Biological Diversity v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 08/22/2023 Order Download Case dismissed upon consideration of stipulation of dismissal. 04/21/2023 Order Download Court ordered that case remain in abeyance pending further order of court, with parties to file motions to govern further proceedings by August 14, 2023. 04/17/2023 Settlement Agreement Download Settlement reached. Center for Biological Diversity and EPA Agreed to Settle Challenge to 2020–2022 Renewable Fuel Standards. 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. 04/12/2023 Motion Download Joint motion filed to extend abeyance. 09/27/2022 Motion Download Motion for summary vacatur filed by petitioner. 07/20/2022 Petition for Review Download Petition for review filed. Center for Biological Diversity Challenged Renewable Fuel Standards for 2020, 2021, and 2022. Center for Biological Diversity filed a petition for review in the D.C. Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s (EPA’s) final rule establishing annual renewable fuel standards for 2020, 2021, and 2022. In a press release, Center for Biological Diversity said the lawsuit would challenge EPA’s failure to fully assess impacts to endangered species. The organization’s government affairs director called the renewable fuel program “a false solution to the climate crisis, delaying the urgent need to transition to electric vehicles.”