DOJ Clean Air Act Complaint Illinois Company for Sale Defeat Devices

CHICAGO (September 2, 2022) – Today, the U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency, filed a civil lawsuit 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 “override devices” designed to circumvent vehicle emission controls in violation of federal clean air law .

“The sale and installation of defeat devices on vehicles and engines will not be tolerated”, said EPA Region 5 Administrator Debra Shore. “Vehicle emission control systems protect public health by reducing pollution, which is why the EPA is committed to ensuring companies comply with the Clean Air Act.”

The DOJ seeks monetary civil penalties and an injunction in its complaint to restrain the RCD from manufacturing, selling, or installing the defeat devices. The complaint also alleges that the RCD transferred assets to Joshua Davis in violation of federal debt collection procedures law.

Thanks to the 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 emission standards, engine manufacturers have carefully calibrated their engines and installed sophisticated emission control systems.

EPA tests show that defeat devices can significantly increase vehicle pollution, which contributes to a variety of health issues. These include premature death in people with heart or lung disease, heart attacks, irregular heartbeats, worsening asthma, and decreased lung function. Because excessive emissions may disproportionately affect residents living in communities near freeways and freight facilities, the EPA is considering ceasing the manufacture, sale, offer for sale, and installation of defeat devices as key issues in the pursuit of environmental justice.

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

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

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