When EPA regulations started going into effect for Class 8 trucks requiring lower emissions levels and, specifically, lower NOx levels, the commercial trucking industry almost unanimously went in the direction of urea aftertreatment to meet the new federal standards, with one notable exception. Navistar, maker of International-brand trucks, aimed to meet the new regulations using just exhaust gas recirculation (EGR), claiming lower maintenance costs compared to urea selective catalyst reduction (SCR) systems. This week, Class 8 truck operators in three states are filing suit against Navistar for false product representations, as well as lost profits due to downtime for repairs on trucks equipped with MaxxForce engines with the EGR system.

The suit alleges that Navistar and, specifically, company management were aware of the issues with the MaxxForce EGR system but chose to ignore the problems. “It should have been obvious that raising engine heat to such high levels would lead to breakdowns and component part failure,” said Clay Miller, partner with Miller Weisbrod, the law firm representing the truckers.

The suit says the fact that Navistar discontinued the sale of its MaxxForce engines in 2012 after higher-than-anticipated warranty claims further validates their allegations. The law firm was also involved in a lawsuit against Caterpillar in 2007 for emissions-related problems. That case was settled out of court for an undisclosed sum.

Source: Miller Weisbrod, LLP