Interactions between U.S. biofuels policy and the Endangered Species Act
The Renewable Fuel Standard (RFS) is the primary policy governing the use of biofuels in the United States. Following the 2007 enactment of the RFS, there has been substantial expansion in the use of cropland to produce biofuel feedstocks, including corn and soybeans. Both the conversion of land and the ongoing cultivation of these crops can, depending on management practices, lead to negative environmental outcomes including degraded water quality, increased water use, increased greenhouse gas emissions, and loss or degradation of wildlife habitat. These outcomes have the potential to affect threatened and endangered species protected under the U.S. Endangered Species Act (ESA). The ESA requires federal agencies to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to ensure that an agency's actions are not likely to jeopardize the existence of imperiled species, nor result in the destruction or adverse modification of their habitat. However, formal consultation has not yet been completed between the U.S. Environmental Protection Agency—the agency charged with implementing the RFS—and the wildlife services, thereby hindering mitigation or remediation of potential impacts. This analysis explores the likely effects of the RFS on land use changes and critical habitat, illustrates example pathways by which threatened and endangered species may be affected, and proposes solutions to help redress this harm. The findings suggest a need for further consultation and assessment of the interactions between the RFS and ESA as well as additional research to support the species-conservation and policymaking processes.