Nearly five years after a lawsuit alleged that General Motors’ Chevy Cruze diesel vehicles emitted harmful nitrogen oxides into the air, a federal judge now has “serious doubt” the case should remain on his docket.

The reason? The plaintiffs don’t have injuries to assert standing to sue in federal court because, after years of discovery in the case, they had failed to reveal the existence of a “defeat device”—the device that Volkswagen, in contrast, admitted it installed in its diesel cars to pass emissions tests required by government regulations. U.S. District Judge Thomas Ludington of the Eastern District of Michigan directed the plaintiffs to show cause why the case should not be dismissed for lack of jurisdiction.