Engine giant Cummins, Inc. has agreed to a colossal settlement worth over $1.675 billion for using illegal defeat devices in diesel engines that bypass emissions controls, marking the largest civil penalty in a Clean Air Act case to date. The announcement came from a collective effort involving the California Attorney General Rob Bonta, the California Air Resources Board (CARB), the U.S. Environmental Protection Agency (EPA), and the Justice Department.
According to the press release from the California Attorney General's Office, Cummins not only faces financial repercussions but also the requirement to fix its mess, with a recall and repair program for more than 600,000 RAM pickup trucks. The software updates needed to bring the vehicles up to emissions standards are part of the effort to rectify the environmental damage done, for unlawfully outsmarting tests and pushing more smog-forming NOx into the air than legally permissible.
Cummins' transgressions, involving nearly 1 million vehicles nationwide and approximately 97,000 engines in California, went against state and federal laws. The vehicles in violation were model years 2013 to 2018 Ram 2500 and 3500 trucks, equipped with Cummins' 6.7-liter diesel engine. In a statement obtained by the Justice Department, Attorney General Merrick B. Garland emphasized that the settlement "makes clear that the Justice Department will be aggressive in its efforts to hold accountable those who seek to profit at the expense of people's health and safety."
The settlement also includes various remedial actions intended to offset the pollution caused by the defeat devices, with Cummins orchestrating diesel locomotive engine replacements and initiatives to slash idle times. CARB will use its portion of the settlement, which totals about $175 million, to fund mitigation programs targeting NOx emissions reduction in California. However, touching the skies with lofty promises of clean air, the settlement reflects an uncompromising stance against environmental malpractice by company giants, flexing their muscles in the realm of legal compliance.
Through rigorous testing and a determined collaboration between federal and state agencies, the discovery of Cummins' defeat devices was possible. "The collaboration between California and its federal partners makes it clear that companies will be held accountable for violating essential environmental laws," Dr. Steven Cliff, CARB Executive Officer, told the California Attorney General's Office. Cummins is now faced with the daunting task of not just financing, but also ensuring compliance with emissions standards in the future, an endeavor that will have them working closely with RAM Truck division, Fiat Chrysler, and dealers to ensure every affected truck is corrected under the recall.
The public can view details of the accusations and the settlement terms outlined in two consent decrees available online. These documents are subject to a 30-day comment period, where concerned citizens can voice their opinions on the agreement. With California leading the charge on environmental protection, this landmark settlement is a clear warning to all manufacturers that profit cannot come at the cost of the planet's – and our – health.
