Judge rejects Navistar suit with EPA over SCR systems

By Charlie Morasch, Land Line staff writer | Friday, January 20, 2012

The battle between SCR and EGR emissions technologies has led to arguments in the courtroom and even during press conferences at the Mid-America Trucking Show.

For now, at least the legal argument has been put to rest.

A federal judge has rejected Navistar’s claim that trucks outfitted with SCR emissions systems don’t meet EPA’s 2010 emissions standards.

The case could have forced massive recalls of trucks with 2010 and newer engines made by Cummins, Detroit Diesel and Mack Trucks.

Navistar, known formally as International Truck & Engine Company, sued EPA Administrator Lisa Jackson last summer, saying trucks with liquid, urea-based selective catalyst reduction, or SCR, didn’t comply with EPA’s emissions standards for 2010 diesel truck engines.

This week, U.S. District Judge Colleen Kollar-Kotelly dismissed Navistar’s case, saying EPA hasn’t determined that MY 2010 engines with SCR are non-conforming.

“The Court will not deny summary judgment and allow Navistar to go on a fishing expedition in the EPA’s records simply because Navistar is dissatisfied with the fact that the EPA has not made a determination that the EPA is under no obligation to make,” the judge’s opinion reads. “The EPA has not made the relevant determination, and the Court cannot force it to do so.”

Navistar’s trucks with 2010 and newer engines use EGR or exhaust gas recirculation to meet the EPA 2010 standard.

Potshots between Navistar and SCR engine makers have routinely gone public at venues like the Mid-America Trucking Show in Louisville, where representatives from the competing companies continued the debate last year.

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