ELR Citation: 42 ELR 20016
No(s). 11-769 (D.D.C. Jan 17, 2012) (Kollar-Kotelly, J.)

A district court dismissed an automobile engine manufacturer's lawsuit against EPA seeking to force the Agency to recall model year 2010 heavy-duty diesel engines equipped with liquid, urea-based selective catalyst reduction (SCR) technology for failing to comply with CAA emissions standards. The manufacturer, which uses exhaust gas recirculation technology to control emissions, alleged that EPA has made a determination that the SCR engines at issue actually violate emissions standards when in use on the road and that the Agency must therefore recall those engines under CAA §207(c)(1). But EPA claimed that if it were to make a "determination" under CAA §207(c)(1), it would do so explicitly and in writing. This interpretation is reasonable and consistent with the purposes of the statute and therefore entitled to deference. Here, EPA has not made an explicit, written determination that the SCR diesel engines at issue do not conform to the relevant emissions regulations. The fact that EPA has developed new guidelines for the certification of future engines does not by definition mean that the prior guidelines were inadequate or that prior model year engines did not in fact meet the requisite emissions standards. Navistar v. Jackson, No. 11-769, 42 ELR 20016 (D.D.C. Jan. 17, 2012) (Kollar-Kotelly, J.).