U.S. Environmental Protection Agency & California Air Resources Board Issue Notices of Violation to Fiat Chrysler Over Defeat Devices In Eco-Diesel Ram 1500 & Jeep Grand Cherokees
January 12, 2017
The U.S. Environmental Protection Agency (“EPA”) and the California Air Resources Board (“CARB”) confirmed that Fiat Chrysler Automobiles (“FCA”) is in violation of the Clean Air Act by selling vehicles that are spewing excessive levels of harmful pollution into the atmosphere. Today the EPA and CARB issued notices of violation to FCA for installing and failing to disclose engine management software that alters how a vehicle emits air pollution, specifically nitrogen oxides. It is estimated that some 100,000 model year 2014, 2015, and 2016, 3.0 liter diesel, light-duty, Jeep Grand Cherokees and Dodge Ram 1500 trucks may be affected. Owners and lessees of these vehicles may have been misled by FCA’s representations that these vehicles were environmentally friendly and complied with applicable emissions requirements.
The EPA believes that it has identified at least eight undisclosed Auxiliary Emission Control Devices (AECD’s) in the above vehicles. Operation of one or more of these devices, either alone or in combination with each other, results in excess emissions of nitrogen oxides (NOx) under various operating conditions that may reasonably be expected to be encountered in normal vehicle operation and use. According to Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance, “[f]ailing to disclose software that affects emissions in a vehicle’s engine is a serious violation of the law, which can result in harmful pollution in the air we breath.” EPA’s notice of violation states that “[n]itrogen oxides are a family of highly reactive gases that play a major role in the atmospheric reactions with volatile organic compounds (VOCs) that produce ozone (smog) on hot summer days. Breathing ozone can trigger a variety of health problems including chest pain, coughing, throat irritation, and congestion. Breathing ozone can also worsen bronchitis, emphysema, and asthma. Children are at greatest risk of experiencing negative health impacts from exposure to ozone.”
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Please contact attorneys Gretchen Freeman Cappio or Ryan McDevitt at 866.560.4043 or via email at [email protected] to discuss our investigation and your potential claims against Fiat Chrysler Automobiles.
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