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Merrick Garland | Attorney General | justice.gov

Cummins Inc. to pay a record $1.675 billion civil penalty

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Cummins Inc. has been ordered to pay a record $1.675 billion in civil penalties for manipulating its vehicle testing, thereby violating the Clean Air Act and California law. In addition to this, Cummins has agreed to allocate over $325 million towards mitigating the damage they caused, which involved the use of software that evaded emissions testing and certification requirements.

Attorney General Merrick B. Garland stated, "The Justice Department is committed to vigorously enforcing environmental laws that protect the American people from harmful pollutants." He added, "The types of devices we allege that Cummins installed in its engines to cheat federal environmental laws have a significant and harmful impact on people’s health and safety. This historic agreement makes clear that the Justice Department will be aggressive in its efforts to hold accountable those who seek to profit at the expense of people’s health and safety."

According to a press release by the Department of Justice, Cummins is required to execute a nationwide recall to replace the engine control software in over 600,000 RAM 2500 and RAM 3500 trucks equipped with the company's diesel engines. Furthermore, Cummins must fund and implement new projects aimed at mitigating excess ozone-creating nitrogen oxides emitted from these vehicles while also adopting a new set of internal procedures. The total value of this civil agreement exceeds $2 billion.

California Attorney General Rob Bonta said, "Cummins knowingly harmed people’s health and our environment when they skirted state emissions tests and requirements." He further added, "Today’s settlement sends a clear message: If you break the law, we will hold you accountable. I want to thank our federal and state partners for their collective work on this settlement that will safeguard public health and protect consumers across the country."

Cummins is mandated to offset excess NOx emissions from 2013-2019 RAM trucks with defeat devices by paying over $175 million to California Air Resources Board (CARB) for mitigation actions. The rest of the country will secure NOx reductions through locomotive emission reduction projects, which include replacing 27 high-emitting diesel engines with low-emitting ones and completing 50 projects to reduce idling time.

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