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DOJ Clean Air Act Complaint Illinois Company for Sale Defeat Devices

Related Practices & Jurisdictions

Friday, September 2, 2022

CHICAGO (September 2, 2022) – Today, US Department of Justice on behalf of US Environmental Protection Agency filed a civil judicial complaint against River City Diesel LLC, RCD Performance LLC, and Midwest Truck and 4WD Center LLC (collectively RCD) and Joshua Davis of East Peoria, Illinois, for Manufacturing, selling, and installing aftermarket “defeat devices” designed to bypass vehicle emission controls in violation of the federal Clean Air Act.

“Selling and defeating installing devices on vehicles and engines will not be tolerated,” said EPA Region 5 Administrator Debra Shore. “Emission control systems on vehicles protect public health by reducing pollution, which is why EPA is committed to ensuring that companies comply with the Clean Air Act.”

DOJ is seeking monetary civil penalties and injunctive relief in its complaint to prevent RCD from manufacturing, selling or installing the defeat devices. The complaint also alleges that RCD transferred assets to Joshua Davis in violation of the Federal Debt Collection Procedures Act.

As a result of EPA’s efforts to improve air quality and fuel efficiency, cars and trucks manufactured today emit far less pollution than older vehicles. To meet EPA’s emission standards, engine manufacturers have carefully calibrated their engines and installed sophisticated emissions control systems.

EPA testing shows that defeat devices can substantially increase vehicle pollution which contributes to a variety of health problems. These include premature death in people with heart or lung disease, heart attacks, irregular heartbeat, aggravated asthma, and decreased lung function. Since excess emissions can disproportionately affect residents living in communities near highways and freight facilities, EPA regards halting the manufacture, sale, offering for sale, and installation of defeated devices as key issues in working toward environmental justice.

To read the full press release, click here to visit the EPA website.

© Copyright 2022 United States Environmental Protection AgencyNational Law Review, Volume XII, Number 245

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