Hogan Lovells and partner Christopher Handman have been recognised in the Litigation and Dispute Resolution category in the 2013 Financial Times US Innovative Lawyers Report.
Handman was commended for successfully challenging a rule issued by the US Environmental Protection Agency (EPA), which granted an unprecedented Clean Air Act regulatory exemption to truck manufacturer Navistar. EPA’s action allowed Navistar to continue to use unlawful emissions control technology in its engines years after all its competitors — including Handman’s client Daimler Trucks North America — had engineered engines that fully complied with new, tougher pollution standards.
In a unanimous decision, the US Court of Appeals for the District of Columbia Circuit held that the EPA violated the law by adopting this radical new rule without affording Navistar’s competitors any advance notice of the rule and without soliciting any comments from those interested parties. Following the DC Circuit’s decision, Navistar announced that it would abandon its non-conforming technology and adopt the same emissions control technology that Daimler had used for years.