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Category Archives: litigation
Flo~Pro Performance Exhaust To Halt Sales of Defeat Devices
The complaint, filed simultaneously with the consent decree, alleges that the parts described below are “defeat devices” prohibited by the CAA. The Environmental Protection Agency (EPA) estimates that prior to its 2018 investigation, Flo~Pro manufactured or sold more than 100,000 aftermarket defeat devices in the United States per year. In early 2019, Flo~Pro suspended sales of the defeat devices in the United States in an effort to resolve this matter. The consent decree for this settlement was lodged in the U.S. District Court for the Western District of Arkansas and will be open for public comments for a period of 30 days. Continue reading
Auto Warranty Scams: FCC Acts Against Robocalls and Texts
“Billions of auto warranty robocalls from a single calling campaign. Billions! Auto warranty scams are one of the top complaints we get from consumers and it’s time to hold those responsible for making these junk calls,” said FCC Chairwoman Jessica Rosenworcel. Continue reading
SEC Charges Autonomous Vehicle Supplier NVIDIA with Shoddy Disclosures
NVIDIA is a US-based artificial intelligence (AI) computing company that is a significant automotive supplier for an important building block in a network of several individual ECUs (Electronic control units) used in automated and driverless vehicles. It goes by the name Drive Pegasus. Continue reading
NLRB – National Labor Relations Act Protects Immigrants
Today, National Labor Relations Board General Counsel Jennifer Abruzzo released a new protocol to advance immigrant worker protections to freely exercise rights under the National Labor Relations Act (NLRA) and safely participate in NLRB investigations. Continue reading
EPA Sued to Set New Limits on Soot, Sulfur, Nitrogen Pollution
Plaintiffs appear to have a compelling case. According to the pleadings, EPA’s latest update and review of the welfare-based standards for sulfur oxides and nitrogen oxides was in June 2012; new standards were due in June 2017. The EPA last updated the particulate matter welfare-based standards in March 2013, so new updates to those standards were due in March 2018. Continue reading
NLRB Sues Starbucks for Unfair Labor Practices
The lawsuit seeks immediate reinstatement of the three. Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek injunctions against employers and unions in federal district courts to stop unfair labor practices where, due to the passage of time, the normal Board processes are likely to be inadequate to effectively remedy the alleged violations. Continue reading
Court Upholds EPA on Imports from Chinese Vehicle Makers
Moreover the District Court also affirmed the $1,601,150 civil penalty assessed by the Administrative Law Judge. The challenge was brought by Taotao USA, Inc, Taotao Group Co., Ltd., and Jinyun County Xiangyuan Industry Co., Ltd. (plaintiffs). Continue reading
EPA: Bans Asbestos – First Under Chemical Safety Act
The proposed rule would ban chrysotile asbestos, the only known form of asbestos that’s currently imported into the U.S., which is found in products such as asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets also imported into the U.S. Most consumer products that historically contained chrysotile asbestos have been discontinued. Continue reading
EPA Fines Iowa, Missouri Sellers of Auto ‘Defeat Devices’
The U.S. Environmental Protection Agency said today it will collect civil penalties from two companies that allegedly sold illegal “defeat devices” that are designed to make automobile emission controls inoperative, in violation of the federal Clean Air Act. Baillie Diesel … Continue reading
PG&E and GM to Test EVs as Power Source when Grid Fails
EVs, of course, play a critical role in achieving California’s goals for reducing greenhouse gas emissions and already provide customers with many benefits. Bidirectional charging capabilities add even further value by improving electric resiliency and reliability. PG&E, of course, is beleaguered by civil and criminal lawsuits for its corporate actions and neglect that, among other things, ignited the deadly 2018 Camp Fire. In 2020, PG&E pled guilty to 84 felony counts of involuntary manslaughter, the largest homicide ever legally attributed to a United States corporation. Continue reading
EPA, Louisiana Fine Firestone Polymers for Air Pollution
“This settlement requires Firestone to take concrete steps to reduce emissions of air pollutants from its manufacturing facility in Sulfur, Louisiana,” said Larry Starfield, Acting Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “This will result in cleaner air for communities in Southwest Louisiana, particularly for communities that have suffered a historically disproportionate burden from pollution.” Continue reading
Posted in environment, litigation
Tagged auto industry commentary, autoinformed.com, clean air act, epa, Firestone Polymers, Ken Zino
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Immunomedics CFO Charged with Insider Trading
Herewith the, err, lowlights from the SEC legal action: while serving as CFO of Immunomedics, Usama Malik learned that the FDA had permitted the company to halt a clinical trial for a breast cancer drug because the existing trial data provided compelling evidence that the drug was effective. Malik – who was subject to a trading “black-out” that prohibited him and anyone living in his household from purchasing Immunomedics stock – immediately told Lauren S. Wood, with whom he lived at the time, as well as three family members. Wood and two of the family members then bought Immunomedics stock, as did an account in the name of the third family member’s spouse. Continue reading
Don’t Aim Holiday Laser-Light Displays at the Sky
“If we become aware that your laser-light display affects pilots, we’ll ask you to adjust them or turn them off. If your laser-light display continues to affect pilots, despite our warnings, you could face a civil penalty,” said the FAA. The FAA works with federal, state, and local law enforcement agencies to pursue civil and criminal penalties against individuals who purposely aim a laser at an aircraft. It can impose civil penalties of up to $11,000 per violation. Civil penalties of up to $30,800 have been imposed by the FAA against individuals for multiple laser incidents. Continue reading
Posted in aviation, litigation, safety, transportation
Tagged autoinformed.com, Aviation Laser Strikes, aviation safety, faa, Ken Zino, Laser-Light Displays
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China: Nippon Steel Sues Toyota over Steel Sheet Patent
The conflict arises from Baoshan Iron & Steel, based in Shanghai, China, and a subsidiary of state-owned China Baowu Steel Group. It is listed on the Shanghai Stock Exchange. Toyota uses Baoshan steel sheet. It comes at a time when the Biden Administration is wrestling with US trade policy with China. The former administration started a trade war that cost US jobs, damaged the agricultural sector, and was a disaster for the US auto industry in China, the world’s largest vehicle market. It is also involved in a dispute about whether proposed lavish EV buyer tax credits should apply to imported and non-union made electric vehicles. Continue reading
FCA Emissions Fraud: Accountability or Accountancy?
Whether this accountable enough or not is subject to debate. Critics say that this is just cash register justice whereby wealthy corporations buy their way out of criminal trouble and recover the costs through ongoing operations. Defenders point to the amount – a $300M criminal penalty – along with the organizational probation where FCA will be monitored for its regulatory behaviors. There are also outstanding individual criminal cases.
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