Cat seeks U.S. appeals court review of district court decision denying any delay in October 2002 emissions limits

Diesel Fuel News, Oct 28, 2002

In its appeal of a lower-court ruling (see Diesel Fuel News 9/16/02, p8), Cat attacks competitors that use exhaust gas recirculation (EGR) to meet the lower nitrogen oxides (NOx) standards for October 2002 EPA highway heavy diesel deadlines. Cat claims that EGR-using competitors are utilizing "defeat devices which actually switch-off emissions controls when it is unnecessary to do so," a claim flatly denied by Cat's competitors and by U.S.

EPA (see Diesel Fuel News 7/22/02, p1). Meantime, Natural Resources Defense Council (NRDC) tenns Cat's appeal as "outrageous," since Cat is allegedly misusing its resources "on litigation instead of meeting the deadlines that it agreed-to in 1998," NRDC attorney Rich Kassel said.