Fiat Chrysler Accused of Emissions Cheating by EPA, CARB

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Fiat Chrysler has been accused by the U.S. Environmental Protection Agency and the California Air Resources Board of installing engine management software that allows some of its vehicles to emit illegally high nitrogen oxide emissions in its EcoDiesel models.

According to the EPA, Fiat Chrysler Automobiles NV and FCA US LLC failed to disclose engine management software in 2014, 2015 and 2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks with 3.0 liter diesel engines sold in the United States.

The EPA’s allegations come follow an emissions cheating class action lawsuit that was filed against Fiat Chrysler in December.

These emissions cheating allegations are reminiscent of the massive Volkswagen emissions scandal, in which VW was found to have installed defeat devices in vehicles sold throughout the United States, which allowed vehicles that did not comply with emissions standards to pass emissions tests.

Volkswagen has agreed to pay billions of dollars to settle emissions cheating allegations and company executives are facing criminal charges over the emissions scandal.

The EPA has not concluded that the engine management software installed by Fiat Chrysler should be classified as a defeat device because it has not been shown that the engine management software reduces the amount of pollution emitted in emissions testing conditions. However, the investigation is continuing.

“This is a clear and serious violation of the Clean Air Act,” EPA enforcement head Cynthia Giles said. “There is no doubt the devices are contributing to illegal pollution.”

Fiat Chrysler has denied the allegations but indicates it “intends to work with the incoming administration to present its case and resolve this matter fairly and equitably and to assure the EPA and FCA US customers that the company’s diesel-powered vehicles meet all regulatory requirements.”

According to a statement from the EPA, “FCA did not disclose the existence of certain auxiliary emission control devices … despite being aware that such a disclosure was mandatory. By failing to disclose this software and then selling vehicles that contained it, FCA violated important provisions of the Clean Air Act.”

The EPA notes that Fiat Chrysler may be liable for injunctive relief and civil penalties over the alleged violations.

The motor company has also been issued a notice of violation by the California Air Resources Board, which reportedly determined that Grand Cherokee and Ram vehicles contained auxiliary emissions control devices, which it says can “significantly increase” nitrogen oxide emissions when activated. CARB alleges the company failed to disclose the presence of the devices.

The plaintiffs in the Fiat Chrysler emissions cheating class action lawsuit are represented by Steve W. Berman, Shana E. Scarlett and Jessica M. Thompson of Hagens Berman Sobol Shapiro LLP, Peter B. Fredman of the Law Office of Peter Fredman PC, Christopher A. Seeger of Seeger Weiss LLP, James E. Cecchi of Carella, Byrne, Cecchi, Olstein, Brody & Agnello PC, and Robert C. Hilliard of Hilliard Munoz Gonzales LLP.

The Dodge Ram, Jeep Grand Cherokee EcoDiesel Class Action Lawsuit is Jose Chavez v. FCA US LLC, et al., Case No. 3:16-cv-06909, in the U.S. District Court for the Northern District of California.

UPDATE: On Oct. 17, 2018, Fiat Chrysler asked a federal judge to reject consumers’ bid for Class certification in an EcoDiesel multidistrict litigation, because the company says the consumers’ expert is unreliable.