MacK Trucks, Inc. v. Environmental Protection Agency

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

In January 2012, EPA promulgated an interim final rule (IFR) to permit manufacturers of heavy-duty diesel engines to pay nonconformance penalties (NCPs) in exchange for the right to sell noncompliant engines. EPA took this action without providing formal notice or an opportunity for comment, invoking the “good cause” exception provided in the Administrative Procedure Act (APA). Because we find that none of the statutory criteria for “good cause” are satisfied, we vacate the IFR.

I

In 2001, pursuant to Section 202 of the…