“As the decree indicates, Caterpillar denies any wrongdoing, but does agree that the decree represents a good faith effort between the parties to resolve their differences and avoid potentially lengthy litigation,” Young says. “Caterpillar is committed to following the terms of the decree.”

The EPA complaint points out that about 925 of the 590,282 engines shipped to original equipment manufacturers (OEMs) with separately shipped aftertreatment and/or fuel programming software actually entered use without correct assembly by the final product OEMs, Young notes.

“The vast majority of these engines have already been addressed in the company’s ongoing recall program,” Young adds.

For a more detailed report, see the September 2011 print or digital edition of Aggregates Manager.–by Tina Grady Barbaccia