Nos. 12-1077, 12-1078, 12-1099.

682 F.3d 87 (2012)

MACK TRUCKS, INC. and Volvo Group North America, LLC, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Navistar, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2012.

Attorney(s) appearing for the Case

Christopher T. Handman argued the cause for petitioners. With him on the briefs were R. Latane Montague , Sean Marotta , Timothy K. Webster , Samuel I. Gutter , Karen K. Mongoven , Alec C. Zacaroli , and Julie R. Domike .

Michele L. Walter , Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondent.

Cary R. Perlman and Laurence H. Levine were on the brief intervenor Navistar, Inc. in support of respondents.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

In January 2012, EPA promulgated an interim final rule (IFR) to permit manufacturers of heavy-duty diesel engines to pay nonconformance penalties (NCPs) in exchange for the right to sell noncompliant engines. EPA took this action without providing formal notice or an opportunity for comment, invoking the "good cause" exception provided in the Administrative Procedure Act (APA). Because we find that none of the statutory criteria for "good cause...


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