Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/204210
Logbook (Continued from Page 17) Navistar wins a round in EGR-SCR court battle U.S. Environmental Protection Agency. The truck makers later returned to court to continue to make their case. The decision by a three-judge panel for the U.S. Court of Appeals in Text INFO to 205-289-3555 or visit www.ovdinfo.com A federal court last month dismissed a challenge from three of the world's largest heavy truck makers aimed at voiding emissions compliance certificates granted to Navistar from the Washington, D.C. involved a case brought by Daimler Trucks North America – and later joined by Mack Trucks and Volvo Trucks North America – that originally asked a lower court to revoke "certificates of conformity" issued by EPA when Navistar's exhaust gas recirculation engines failed to meet federal clean air regulations. The certificates allowed Navistar to make and sell noncompliant model engines while being fined $1,919 for each one sold. Daimler argued Navistar benefited from the certificates at the expense of its competitors, who pumped millions of dollars into the development of selective catalytic reduction engines that met emissions standards. Even if penalties were levied against Navistar, "the prospect of such relief ... is unduly speculative," Circuit Judge Karen Henderson wrote in her opinion. Henderson further noted that if there were any perceived improper use of the credits, it was more the fault of EPA. "Navistar acted in good faith reliance on the validity of the certificates," wrote Henderson, who continued that following the completion of model-year 2012 engine manufacturing, the certificates "can no longer profit Navistar or injure Daimler." Daimler, Mack and Volvo returned to court to argue that EPA wrongly determined that "substantial work" was required for Navistar to meet the emissions limits. – Jason Cannon 68 | Overdrive | November 2013 Logbook_1113.indd 68 10/30/13 9:44 AM