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* USA - TRUCKMAKERS NEWS: Daimler & Volvo against Navistar
* DC - Judges seem skeptical of truck makers' arguments against EPA penalty rule
Washington,DC,USA -E and E, by Jeremy P. Jacobs -September 11, 2013: -- Three of the nation's biggest long-haul truck manufacturers argued in court today that U.S. EPA should have voided air compliance certificates granted to a competitor in light of a court ruling last year... The manufacturers -- Daimler Trucks North America LLC, Mack Trucks Inc. and Volvo Group North America -- are challenging "certificates of conformity" EPA issued to Navistar International Corp. to manufacture trucks in compliance with EPA's 2001 nitrogen oxides (NOx) limits for heavy-duty truck engines. Such certificates are required before manufacturing can begin... The problem, the companies contended to the U.S. Court of Appeals for the District of Columbia Circuit, is Navistar's engines didn't meet the standard but EPA allowed them to go on the market if Navistar paid a $2,000 penalty per engine... Judge, Srikanth Srinivasan, said the certificates are no longer being used by Navistar, he noted... EPA contends that the truck makers' arguments fail on several grounds. First, the penalty for noncompliance is now higher than it was in the now-outdated interim final rule, and Navistar now pays the steeper rate of nearly $3,800 per engine. Consequently, EPA says the challenge is moot... Second, EPA claims the manufacturers lack standing because they haven't shown any injury that is directly traceable to Navistar's certificates... Michele Walter of the Department of Justice, representing EPA, argued that the challenge is a business dispute that cannot be fixed by the court... Srinivasan aggressively questioned Walter, however, about whether the issue was whether penalties for Navistar are really what the others are after... "The money doesn't flow to them," he said, "but it flows out of Navistar" ...
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