California Law Firms Will FileSuit Against Engine Makers

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Timeline:
dot

The EPA announced it had fined diesel engine makers a record $185 million. (Oct. 19)

dot Volvo Truck Corp. said the settlement is cheaper than fighting the EPA in court. (Oct. 27)

dot Engine tests in the U.S. may grow similar to those performed in Europe. (Oct. 30)

dot Public comment is sought on the decree. (Nov. 5)

dot Volvo says the EPA knew about the flaws in engine designs and test. (Nov. 23)

dot Evidence begins to mount against the EPA. (Dec. 18)

dot The EPA refutes engine makers' claims. (Dec. 23)

dot A House panel probes the EPA's actions in diesel engine dispute. (Jan. 8)

dot EPA allegedly approved 'defeat devices'. (Feb. 8)

Editorials:
dot The EPA and Accountability (Dec. 18)

dot Good News, Not So Good News (Jan. 11)

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A group of California law firms said it will sue diesel engine manufacturers on behalf of truckers for damages resulting from the deal to settle alleged violations of the Clean Air Act.

“We hope to gain just compensation for any foreseeable losses truckers might have and to ensure that any agreement the engine makers make with the EPA that becomes final doesn’t contain provisions that adversely affect truckers, or if it does affect truckers, that they are compensated or taken care of,” said Mark Algorri, a lawyer with Dewitt, Algorri & Algorri, one of the three firms involved in the action.

The firms intend to sue Caterpillar Inc., Cummins Engine Co., Detroit Diesel Corp., Mack Trucks,

avistar International Transportation Corp. and Volvo Truck Corp. for misrepresenting to customers that their engines met federal emissions requirements.

In late 1998, the six companies signed separate consent decrees with the Environmental Protection Agency and the Department of Justice. The agreements are being reviewed by a U.S. District Court judge in Washington, D.C.

“The EPA agreement really left no remedy for the truckers, those hurt most by this whole deal,” Algorri said. “The truckers were really left voiceless at the table, and that’s the need we’re filling.”

He said his firm, along with Girardi & Keese and Engstrom, Lipscomb & Lack, has signed up about 500 trucking companies and individual truckers as clients.

For the full story, see the Feb. 8 print edition of Transport Topics. Subscribe today.