Sierra Club and Gulf Restoration Network Announce Legal Challenge To EPA Over Failure To Comply With Endangered Species Act in the Renewable Fuel Standard

Ethanol Mandate Allows Gulf of Mexico Dead Zone to Grow
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WASHINGTON, D.C. -- Today, the Sierra Club and the Gulf Restoration Network filed a lawsuit in D.C. Circuit Court challenging the Environmental Protection Agency for failing to consult with wildlife agencies to ensure that its 2018 renewable fuel volume standards do not jeopardize federally listed species. The dramatic land conversion that has occurred as a result of federal mandates to increase corn-based renewable fuels has had adverse impacts on habitat and species, including exacerbating the “Dead Zone” off the Gulf of Mexico.

“It is unlawful for the EPA to so blatantly disregard its own rules and mandates when it comes to protecting our communities and environment,” said Sierra Club Staff Attorney Devorah Ancel. “The EPA has the authority to limit renewable fuel volume requirements when their production does more harm to the environment than good. EPA’s continued expansion of renewable fuel volumes without considering the impacts to the environment, including on federally listed species and designated critical habitat, has allowed expansive land conversion for corn-based ethanol production to go unchecked, causing significant harm to already imperiled species.”

At 8,776 square miles, the dead zone off the Gulf of Mexico, approximately the size of New Jersey, is the second largest in the world. Dead zones, also known as hypoxic zones, are areas in the ocean where algal blooms caused by pollution lead to low oxygen concentrations – causing marine life to suffocate and die. The algal blooms prevent sunlight and oxygen from reaching below the water’s surface, and are fatal to most aquatic life, including plants, fish, marine mammals, and shorebirds. Reduced ethanol production would create the potential to restore degraded habitats, including those of pollinators like bees and butterflies.

"By increasing mandates for corn-based ethanol without properly consulting wildlife agencies, the EPA has accelerated habitat destruction and undermined efforts to reduce the nitrogen pollution that contributes to the Dead Zone in the Gulf of Mexico. Gulf residents and wildlife are suffering the consequences," according to Cynthia Sarthou, Executive Director of Gulf Restoration Network. "EPA must set renewable fuel volumes at levels that meet the goals of the renewable fuel law while still supporting restoration of habitats, reducing the size of the Dead Zone, and protecting at-risk species"

Excessive nutrient pollution from nitrogen-based fertilizer used in agriculture is one of the lead contributors to these inhospitable conditions. In particular, corn production is notorious for its significant contribution to the dead zone. Corn, as opposed to other biofuel crops, requires the higher level of fertilizer and pesticide application resulting in higher runoff from fields into waterways. Scientists have been warning for years that increased production of corn-based ethanol would lead to a larger dead zone in the Gulf of Mexico.  

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.