Justice Department also stops pursuing criminal charges for installers of defeat devices and other emission-evading practices
Washington, D.C.—The U.S. Department of Justice stated it will “no longer pursue criminal charges under the Clean Air Act based on allegations of tampering with onboard diagnostic devices in motor vehicles.”
The announcement was made in a post on X earlier this year, though President Trump went further on Friday, when he declared in a Truth Social post that he has now pardoned violators of the Clean Air Act: “It is my Great Honor to have just signed Pardons for six people who were persecuted by the Biden Administration, and were in, or being sent to, prison, for ‘fixing their car.'”
The White House later added that five others had also been pardoned, bringing the total to 11. In regard to the suspension of future prosecutions, the DOJ stated it is “committed to sound enforcement principles, efficient use of government resources, and avoiding overcriminalization of federal environmental law.”
The DOJ followed up by saying, however, that it would still pursue, along with the United States Environmental Protection Agency, civil enforcement of those violations “where appropriate.”
The change in policy reflects the Trump Administration’s efforts to roll back clean air regulations and unwind Biden-era initiatives to drive EV adoption. It argues that the Clean Air Act is a hinderance to commerce and an undue burden to those who depend on diesel engines.
The stopping of prosecution of criminal charges relates to those who install or sell the illegal parts. Examples of tampering with onboard diagnostic (OBD) devices in vehicles include:
• Installing “defeat devices,” such as in the caseof Volkswagen’s “Dieselgate,” where software bypassed emissions tests.
• Using “delete kits” on diesel trucks to remove or disable DPF filters, EGR systems or SCR catalysts, often for performance gains.
• ECU reprogramming or chip tuning to change OBD readings and avoid pollution controls, which can lead to higher emissions. These are now less likely to face criminal charges.
Until DOJ’s and EPA’s decision in January, the EPA had aggressively prosecuted violators, and these new developments represent a notable reversal of policy.
In December 2020, the EPA issued an Enforcement Alert, stating that aftermarket defeat devices and tampering are illegal and undermine vehicle emissions controls and could be costly for businesses, subjecting them to enforcement and penalties. The Clean Air Act prohibits anyone from manufacturing, offering for sale, selling, or installing any part or component that bypasses or defeats emissions controls.
The decision to suspend future prosecutions may have limitations, however, as the change was based prosecution discretion, which is the broad authority granted to government attorneys and law enforcement agencies to decide whether to charge an individual with a crime, what charges to file, and whether to pursue a case, dismiss charges, or negotiate a plea deal.
It could be reversed under a different administration.
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