In the first phase of the litigation, the U.S. District Court for the Northern District of Illinois ruled that Navistar was liable for its alleged violations of the CAA.
Navistar negotiated and reached a settlement with the U.S. government in the second phase of the litigation in which the company is facing an imminent trial on remedies to its violations. It took more than six years of prosecution before the parties reach a settlement agreement on the matter.
Under the Consent Decree, Navistar is required to acquire older, high-polluting HDDEs from the used HDDE market. The company must destroy enough number of those engines to result in at least 10,000 tons of NOx emissions reduction.
In addition, the company must structure its mitigation of NOx emissions through one or more projects approved by the EPA, which considers geographic diversity and benefits to communities suffering from air pollution.
The settlement with Navistar will protect communities overburdened by air pollution
In a statement, DOJ’s Environment and Natural Resources Division Assistant Attorney General Todd Kim said, “This settlement shows we will hold companies accountable when they skirt the law to gain an advantage at the expense of public health. The department’s steadfast pursuit of this case achieved a just result, including that the company must mitigate the harm it caused and, in doing so, specifically must consider assisting communities overburdened by pollution.”
