Category Archives: litigation

EPA Finally Bans Chrysotile Asbestos

Posted on 18 March 2024 by Ken Zino

“Today’s rule is a positive first step to give all Americans a future free of exposure to asbestos – a carcinogen that has killed far too many. This dangerous substance has been banned in more than 50 countries around the world, and the United States is finally starting to catch up. An immediate ban on the import of chrysotile asbestos for the chlor-alkali industry is a long overdue step forward for public health. However, it cannot be the end of the road when it comes to phasing out other dangerous asbestos fibers, and Congress has a role to play here when it comes to providing stronger protections for our health,” said Senator Jeff Merkley. Continue reading →

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Cummins Settles California Diesel Emissions Case at $46M

Posted on 15 March 2024 by Ken Zino

The California Air Resources Board (CARB) and California Department of Justice (DOJ) today announced a $46 million settlement with engine manufacturer Cummins Inc. The settlement resolves DOJ and CARB’s claims for violations of California engine emissions control and certification requirements. Cummins made undisclosed changes to ~120,000 engines in California after CARB had certified the engines for sale. In addition, ~2000 Cummins engines had undisclosed auxiliary emission control devices that altered the emissions control system and resulted in emissions that exceeded regulatory limits. This case signals CARB’s improving vehicle testing skills and use of technology to catch and correct air quality violations. Continue reading →

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Cummins Diesel Penalties Finalized in $1.675B Settlement

Posted on 11 January 2024 by Ken Zino

“Cummins installed illegal defeat devices on more than 600,000 RAM pickup trucks, which exposed overburdened communities across America to harmful air pollution,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. Continue reading →

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Cummins to Pay $1.675B for Clean Air Act Violations

Posted on 22 December 2023 by Ken Zino

“Today, the Justice Department reached an initial agreement with Cummins Inc. to settle claims that, over the past decade, the company unlawfully altered hundreds of thousands of engines to bypass emissions tests in violation of the Clean Air Act. As part of the agreement, the Justice Department will require Cummins to pay $1.675 billion, the largest civil penalty we have ever secured under the Clean Air Act, and the second largest environmental penalty ever secured,” said Attorney General Merrick Garland. Continue reading →

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EPA Fines Calumet Montana Refining for Chemical Abuses

Posted on 13 December 2023 by Ken Zino

The U.S. Environmental Protection Agency (EPA) as entered into a Clean Air Act settlement where Calumet Montana Refining will pay a $385,000 penalty and address violations of Risk Management Program (RMP) requirements at its petroleum refining facility in Great Falls, Montana.

“Facilities must properly handle hazardous substances to prevent dangerous chemical accidents and follow reporting requirements when releases occur,” said Suzanne Bohan, director of EPA Region 8’s Enforcement and Compliance Assurance Division. “If they don’t, EPA will hold them accountable. We are pleased that Calumet Montana Refining is implementing critical safety measures to protect workers and the community.” Continue reading →

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Briggs and Stratton Settles With CARB For Off-Road Emissions

Posted on 30 November 2023 by Ken Zino

The California Air Resources Board has reached a settlement agreement with Briggs and Stratton of Milwaukee, WI., a significant producer of engines for outdoor power equipment, for $117,314. This was for the company’s violations of the Small Off-Road Engine (SORE) Regulation. The regulation limits emissions of oxides of nitrogen and hydrocarbons from spark-ignited, small off-road engines, including those found in landscape equipment, small power tools, and portable generators. Continue reading →

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Tether Cyber Scam ~$9M in Crypto Seized by DOJ

Posted on 21 November 2023 by Ken Zino

The US Justice Department (DOJ) today announced the seizure of ~$9 million worth of Tether, a cryptocurrency pegged to the US dollar. These seized funds were traced to cryptocurrency addresses allegedly associated with an organization that exploited more than 70 victims through romance scams and cryptocurrency confidence scams, widely known as “pig butchering.” Continue reading →

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Coffeyville Resources Refining Fined $23 Million for Pollution

Posted on 20 November 2023 by Ken Zino

“The settlement with Coffeyville delivers on the promise of EPA’s new climate enforcement strategy by reducing greenhouse gas emissions equivalent to the annual emissions of 10,000 cars,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the actions we are taking alongside our state partners in Kansas will reduce harmful air pollution that makes breathing more difficult and causes smog, acid rain, and tree and plant damage.” Continue reading →

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New Circus Ringmaster at Cruise Autonomous Vehicles

Posted on 17 November 2023 by Ken Zino

Well, it seems that the discovery that Cruise altered released accident footage to eliminate one of its accident vehicles dragging a pedestrian with it as it continued to run (drive away?) has moved the normally buttoned-down GM safety culture and it people to the verge of, well, annoyance. So send in the lawyers to monitor the California clowns starting with Cruise CEO Kyle Vogt. Continue reading →

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New York Auto Repair Shop Owner Pleads Guilty to Tax Fraud

Posted on 11 October 2023 by Ken Zino

If convicted, Strocchia faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the US Sentencing Guidelines and other statutory factors. Continue reading →

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SEC Sues Musk for Blatant Refusal of Subpoena

Posted on 5 October 2023 by Ken Zino

The filing in US Court for the Northern District of California concerns an ongoing investigation by the SEC regarding, among other things, potential violations of various provisions of the federal securities laws in connection with Musk’s 2022 purchases of Twitter stock, and Musk’s 2022 statements and SEC filings relating to Twitter. According to the filing, the SEC seeks Musk’s testimony to obtain information not already in the SEC’s possession that is relevant to its legitimate and lawful investigation. Continue reading →

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NHTSA Expands Ford Engine Failure Probe to 700,000 Vehicles

Posted on 2 October 2023 by Ken Zino

The National Highway Traffic Safety Administration’s Office of Defects Investigation released today documents that shows it has expanded a preliminary Ford engine failure inquiry to an engineering analysis that covers more than 700,000 vehicles and questions Ford’s previous attempts to fix the safety defect. Explorer, Bronco, Edge Lincoln Nautilus, Aviator SUVs, as well as The F-150 pickup truck from 2021-2022 model years are susceptible to sudden loss of engine power. Continue reading →

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Fraud – SEC Charges Hydrogen Truck Company Hyzon Motors

Posted on 27 September 2023 by Ken Zino

“Transparency in the form of full, fair, and accurate disclosure is fundamental to the federal securities laws,” said Jason Burt, Regional Director of the SEC’s Denver Regional Office. “The defendants allegedly violated this principle by misleading investors about virtually every aspect of Hyzon’s business. The terms of today’s settlement, if approved by the court, will hold Hyzon and responsible individuals accountable for their misconduct.” Continue reading →

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Tadano Group Fined for Selling Dirty Diesel Engines

Posted on 31 August 2023 by Ken Zino

As part of the proposed consent decree now residing at the United States District Court for The Southern District Of Texas Houston Division, Tadano Group will also contribute $3.2 million towards a project to mitigate harm caused by excess nitrogen oxide (NOx) and particulate matter (PM) emissions from its non-compliant crane engines. The project will retire a 1975 tugboat and christen a new, cleaner tugboat to service ships in the Port of Port Arthur, Texas. Continue reading →

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Iowa, Nebraska Sue EPA to Sell E-15 Year Round

Posted on 23 August 2023 by Ken Zino

“The EPA’s ongoing failure to act following our E15 notification more than two years ago is nothing more than a thinly veiled disguise of their disdain towards clean, renewable, American-produced ethanol. The EPA disfavors anything that doesn’t have the word ‘electric’ in its name,” said Iowa Governor Kim Reynolds. She has a point. Continue reading →

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