Engine Decrees Remain in Limbo

The consent decrees between the Environmental Protection Agency, the Justice Department and six diesel engine manufacturers remain precisely where they have been for months — in the hands of U.S. District Judge Henry H. Kennedy.

Some motor carriers have said the new engines mandated by the decrees will be more expensive – and less fuel-efficient — than current models. They also face upfront costs in having to replace or retrofit older equipment sooner than they had planned.

The $1 billion-plus settlement the parties reached in October has yet to be approved by the judge, who is to rule whether the consent decrees are fair, reasonable and in the public interest.

There is no room for revision of the agreements. Kennedy must either approve or reject the six settlements.

The decrees resulted from a 1997 investigation by the EPA in which it found the engine-makers installed “defeat devices” in their electronically controlled engines. The agency alleges the devices allowed the engines to register legal emissions levels under testing conditions, even though they dramatically exceeded those levels on the highway.

The companies — Caterpillar Corp., Cummins Engine Co., Detroit Diesel Corp., Mack Trucks, Navistar International and Volvo Truck Group — have all denied the allegation but said they agreed to the settlement to avoid lengthy litigation.

For the full story, see the July 12 print edition of Transport Topics. Subscribe today.