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DAIMLER TRUCKS NORTH AMERICA LLC v. E.P.A.

No. 12-1433.

737 F.3d 95 (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 December 11, 2013.

Attorney(s) appearing for the Case

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

Michele L. Walter , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Robert G. Dreher , Acting Assistant Attorney General, and Michael J. Horowitz , Attorney Advisor, U.S. Environmental Protection Agency.

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

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

To carry out the 1977 amendments to the Clean Air Act, the Environmental Protection Agency ("EPA") promulgated a rule in 2001 requiring a 95% reduction in nitrogen oxide ("NOx") emissions by heavy-duty motor vehicles by 2010. At the time, no technology existed to achieve these reductions. EPA regulations provide, as Congress has authorized, for nonconformance penalties ("NCPs") to protect technological laggards by allowing them to pay a penalty...

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