The US Department of Justice has announced a new directive to drop criminal emissions tampering cases, citing a shift in legal priorities. This move affects over a dozen active cases and more than 20 ongoing investigations targeting aftermarket companies and individuals accused of selling or installing emissions defeat devices on diesel trucks.
The decision runs counter to long-held interpretations by career prosecutors and EPA attorneys, who argue that tampering with emissions-related software does not meet the Clean Air Act's threshold for criminal prosecution. Instead, it should be treated as a civil violation.
This change in approach could impact drivers of modified vehicles, who may still face local and state laws prohibiting tampering. The DOJ will continue pursuing civil enforcement actions alongside the Environmental Protection Agency when warranted, which means some big companies could still face fees and penalties.
According to a 2020 EPA study, roughly 550,000 diesel pickup trucks had emissions controls removed over the prior decade, resulting in approximately 570,000 tons of excess nitrogen oxides. This move reflects a shift in federal priorities, with the department now focusing on civil enforcement actions rather than criminal prosecution.
The impact of this decision will be felt across the country, as it affects not only individuals but also companies and communities that have been impacted by emissions tampering.
This change in approach highlights the evolving nature of environmental regulations and the need for continued vigilance from law enforcement agencies. As technology continues to advance, it's essential to adapt our laws and enforcement strategies to address emerging issues like emissions tampering.
