Caterpillar Inc. has failed to persuade a federal judge in Camden that multidistrict litigation over allegedly defective diesel engines it made for buses is pre-empted by the Clean Air Act.
Caterpillar faces a consolidated suit by 34 plaintiffs over engines it made from 2007 to 2010 that allegedly suffer repeated breakdowns caused by faulty emissions control technology. Caterpillar asked Chief U.S. District Judge Jerome Simandle of the District of New Jersey to dismiss the complaint in its entirety, on the grounds that the engines were found compliant with Environmental Protection Agency emissions standards for diesel vehicles. But Simandle said he was “largely unpersuaded” by that claim because the suits did not complain that the engines produce excessive emissions.
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