Navistar International is no longer suing the California Air Resources Board, after the two made a deal that addresses the issues that prompted the court action.


Navistar had filed suit in a San Francisco Superior Court claiming CARB was improperly certifying 2010 diesel engines equipped with selective catalytic reduction technology used to control nitrogen oxides emissions. The lawsuit charged that CARB was applying certification requirements that permitted SCR equipped diesel trucks to operate for extended periods without any control of NOx emissions.

The requirements were contained in U.S. EPA 2009 guidance documents, which the lawsuit also charged had been adopted by CARB. A separate court action challenging the EPA's 2009 guidance is still pending in Washington, D.C.

"The 2009 Guidance allows engines to operate for multiple and lengthy periods of time with the NOx emission control SCR Systems turned off, causing uncontrolled NOx to be discharged into the air," Navistar said. The company asked the court to declare that CARB's adoption of the 2009 guidance was null and void.

The lawsuit was dropped when CARB agreed the 2009 guidance documents are not its policy. CARB also agreed to convene a public workshop no later than August to address the issues Navistar raised. Navistar expects the workshop to produce an outcome that will eliminate the opportunity for SCR equipped trucks to operate with uncontrolled NOx emissions for multiple and lengthy periods of time.


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