Judge Dismisses Navistar's SCR Lawsuit


 UPDATED:
1/19/2012 5:00:00 PM
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A federal judge rejected a request by Navistar Inc. to force the U.S. Environmental Protection Agency to recall all 2010 trucks with selective catalytic reduction engines.

Navistar, maker of International Trucks and MaxxForce engines that exclusively use exhaust gas recirculation, had contended in a lawsuit that 2010 SCR engines using urea-based liquid to reduce emissions failed to comply with Clean Air Act standards.

U.S. District Judge Colleen Kollar-Kotelly granted EPA’s motion for summary judgment in a ruling issued Tuesday, dismissing Navistar’s lawsuit.

“This 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 EPA has not made a determination that the EPA is under no obligation to make,� Kollar-Kotelly wrote.

A Navistar spokeswoman told Transport Topics on Thursday that “We remain confident in our EGR strategy.�

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