“Navistar will work with EPA to fully understand the ruling and its impact on the use of non-compliant penalties (NCP) until a final rule is implemented,” the company said in a written statement. “At the same time, we will continue to cooperate with the EPA on the final Non-Compliance Rule and will continue to work with the EPA on our 0.2 gram NOx certification. Navistar continues to make and ship engines and our customers will continue to receive the products they ordered with EPA certified engines.”

Navistar declined to comment further on the case at this time.

Read the federal appeals court ruling. click here.