U.S. v. VOLVO POWERTRAIN CORP.

No. 12-5234.

758 F.3d 330 (2014)

UNITED STATES of America, Appellee v. VOLVO POWERTRAIN CORPORATION, Appellant. California Air Resources Board, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 2014.


Attorney(s) appearing for the Case

Aaron M. Streett argued the cause for appellant. With him on the briefs were Lauren Tanner , William H. Jeffress, Jr. , and William M. Bumpers.

Russell S. Frye was on the brief for amici curiae the National Association of Manufacturers, et al. in support of appellant.

Brian C. Toth , Attorney, U.S. Department of Justice, argued the cause for appellee the United States. With him on the brief was Lori Jonas , Attorney.

Kamala D. Harris , Attorney General, Office of the Attorney General for the State of California, Robert W. Byrne , Senior Assistant Attorney General, and Nicholas Stern , Deputy Attorney General, were on the brief for appellee California Air Resources Board.

Opinion for the Court filed by Circuit Judge SRINIVASAN.


SRINIVASAN, Circuit Judge:

Under the Clean Air Act, manufacturers of new motor vehicle engines need to obtain certificates of conformity from the Environmental Protection Agency before selling their engines in the United States. To obtain the certificates, manufacturers must verify that their engines comply with EPA emissions standards. In 1998, EPA alleged that several major engine manufacturers had violated federal law by equipping certain engines with "defeat devices...

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