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United States v. Navistar Int'l Corp.

ELR Citation: 47 ELR 20032
Nos. 15 CV 6143, (N.D. Ill., 03/01/2017) (Shah, J. )

A district court granted summary judgment in EPA's favor against an engine maker for introducing on-highway engines into commerce without certification, in violation of the CAA. The Act requires that a manufacturer of on-highway engines apply for and obtain a Certificate of Conformity for those engines before entering them into commerce. The government’s suit accuses defendants of selling 7,749 engines without obtaining certification since the engines were not fully assembled in the annual certification cycle. The defendants argued that certifications are to be obtained when the engine is "produced," and that though the engines were not fully assembled in the calendar year, the main production was completed. The district court agreed with EPA that the term "produced" means when all manufacturing and assembling processes necessary to make the engine “saleable” have occurred.