No. 12-1179.

745 F.3d 1212 (2013)

DAIMLER TRUCKS NORTH AMERICA LLC, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Navistar, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 18, 2013.

Attorney(s) appearing for the Case

Christopher T. Handman argued the cause for the petitioners. R. Latane Montague , Sean Marotta , Kathryn L. Lannon , Julie R. Domike and William F. Lane were on brief. Alec C. Zacaroli entered an appearance.

Michele L. Walter , Attorney, United States Department of Justice, argued the cause for the respondent. Michael J. Horowitz , Attorney Advisor, United States Environmental Protection Agency, was on brief.

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

Opinion for the Court filed by Circuit Judge HENDERSON.


In January 2012, the United States Environmental Protection Agency (EPA) promulgated an interim final rule (IFR) authorizing EPA to issue certificates of conformity to diesel truck engine manufacturers for 2012 and 2013 model-year engines notwithstanding the engines did not conform to EPA's emission standard for nitrogen oxides (NOx), promulgated under section 202(a) of the Clean Air Act (CAA), 42 U.S.C. § 7521(a) —...

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