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Volvo tells Supreme Court that EPA’s $62M engine fine broke the rules.

news | May 27, 2015

On Friday, May 22, 2015, Firm client Volvo Powertrain filed its reply brief in support of a petition for certiorari seeking U.S. Supreme Court review of EPA’s unauthorized exercise of extraterritorial enforcement authority to impose $62 million in penalties on nonroad engines manufactured and sold overseas by a foreign affiliate.  As reported in Law360, Volvo’s petition raises the questions (1) whether EPA can confer extraterritorial enforcement power upon itself through the use of generic terms like “all engines” in a consent decree and (2) how courts should construe consent decrees, an issue as to which the circuits are divided.