Eight AGs Sent Comments Asking EPA to Include Them in Emissions Evasion Settlement

FEBRUARY 16, 2024

Vermont Attorney General Charity Clark led a coalition of eight attorneys general in submitting comments on a proposed consent decree between the Environmental Protection Agency, California, and Cummins Inc., a diesel engine manufacturer, to resolve allegations that the company violated federal and California vehicle emission standards by using “defeat devices.” The coalition emphasized that because their states adopted California’s standards, they should have been consulted during the settlement negotiations. They argued that the consent decree failed to address their states’ legal claims and the excess air pollution caused by Cummins’ actions. They requested amendments to the consent decree to provide relief to their states and urged proactive collaboration in future settlement discussions. Additionally, they highlighted the necessity of state-specific mitigation programs to address nitrous oxide (NOx) emissions and advocated for a holistic resolution involving all affected parties.