Navistar Battles in US Courts


The recent negative news about the traditional American truck manufacturer Navistar is spreading in succession, and the impact is directly reflected in the stock price that has turned sharply downwards—a 28% drop on that day. The United States’ business watchdog, Warranty Week (WW), described the current situation of Navistar as “Vulture hovering over it”.

The court battle failed to prove that the WW analysis, until mid-2012, Navistar still did not launch the EPA2010 engine. Navistar has been through a method jointly found with the US Environmental Protection Agency (the EPA's interim rule): to solve the problem caused by the lack of a certified diesel engine by paying the amount of emissions accumulated when selling other products. The high fine. However, because of lawsuits from competitors, this practice seems to be no longer available.

It is understood that the US Environmental Protection Agency uses rewards and penalties to promote energy conservation and emission reductions in the automotive industry. On the one hand, it does not loosen up to establish strict emission standards; on the other hand, it establishes a credit system for companies (similar to the credit rating of bank credit cards). If a company’s product violates some standards, it can use the accumulated emission credits to redeem a portion of the fine, the so-called provisional rule.

In fact, since the beginning of the year, the engines sold by Navistar have not met the EPA 2010. In the view of the industry, such engines are old and dirty. However, between 2007 and 2009, Navistar's engines met the then-current standards and accumulated a certain amount of emissions. However, the amount of emissions was limited and it was completely exhausted earlier this year. As a result, Navistar had to pay cash, and it was necessary to pay a fine of 1919 US dollars (about 12,000 yuan) for each engine sold.

However, one of Navistar’s competitors recently won a lawsuit against “the prohibition of the use of fines instead of technology upgrades”: Mike Truck Company and the US Environmental Protection Agency were ruling that the company had invested heavily in SCR technology for many years before it developed. Producing engines that meet the EPA 2010, other companies can easily sell engines that do not meet emission standards by paying fines, which is unfair and unfavorable to industry development and technology upgrading. The case was ruled by the Washington, DC Circuit Court of Appeals and eventually overturned the EPA's provisional rules. Therefore, unless the EPA has come up with another feasible alternative to fines, Navistar may be forced to stop completely selling engines that are not EPA 2010 compliant.

A representative of the US Environmental Protection Agency said in court that the reason for adopting this provisional rule was to give Navistar the time to meet EPA 2010. The representative of Mike Truck Company believes that the temporary rules basically are to authorize illegal transactions—selling unsatisfactory engines.

Although WW only gave a brief description of the court debate process, the obvious problem was that companies using the SCR+DEF technology route were able to comply with EPA 2010, and Navistar's adoption of the EGR route is currently unacceptable for its products. . The EPA wanted to help Navistar through the provisional rules, but the court overturned it.

However, this does not mean that Navistar will have to stop selling its non-conforming engines when it uses its light emission credits. The court stated that the EPA has the right to turn any provisional rule into a final rule, but there are two prerequisites: First, the EPA must comply with its own rules, and there is no objection after the consultation and public notice period; secondly, the EPA can prove that The transformation into the final rules is conducive to the development of enterprises and the industry.



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