A federal court on Friday dismissed a challenge to a U.S. Environmental Protection Agency decision allowing Navistar International to make earlier model engines while paying a fine.

The move by a three-judge panel for the U.S. Court of Appeals in Washington, D.C., involved a case brought by Daimler Trucks North America, in which it originally asked a lower court to nullify “certificates of conformity” EPA issued to Navistar for earlier model engines because they failed to meet federal clean air regulations.

EPA allowed Navistar to make the engines by paying a $2,000 penalty per engine. 

A separate suit is still pending against the EPA by Daimler, Mack, Volvo and Detroit Diesel.

The judges ruled the certificates being challenged by DTNA, as well as by Mack, Volvo and Detroit Diesel, were no longer an issue, because the engine models they were protesting are no longer being produced. 

More details are available from Environment and Energy Publishing