Appeals Court to Hear EPA Engine Suit

Lawyers representing truck makers and the U.S. Environmental Protection Agency will argue before federal appellate judges on Oct. 22 whether EPA acted correctly in addressing nonconforming engines made by Navistar Inc.

Daimler Trucks North America and Volvo Group brought the case against EPA. It will be heard by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.

The agency established a set of penalties for Navistar under a preliminary rule when the engines failed to meet the January 2010 emissions standard on nitrogen oxide compounds. Later, the penalties were nearly doubled under a final rule.

Daimler and Volvo want the court to order EPA to revoke the certification of the Navistar engines made under the interim rule. If that happens, another legal case could potentially seek additional penalties.