Justice Still Reviewing Decrees

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The Department of Justice has not finished reviewing public comments on the consent decrees to settle charges that six diesel engine manufacturers cheated federal emissions tests.

Also, the House Commerce Committee is still reviewing the settlements the individual companies signed to satisfy the Environmental Protection Agency. The committee also is looking into allegations that EPA knew all along that its emissions testing was faulty.

The only apparent progress since the settlements has been made by a California law firm that plans to sue the engine makers on behalf of truckers.

All in all, little has happened to close the books on EPA charges that the engine makers manipulated their products to cover excessive on-road emissions.

Though the consent decree was signed in October, it is not official until approved by U.S. District Judge Henry H. Kennedy in Washington, D.C. Kennedy is charged with making sure the agreement is in the public’s best interest by taking into account comments from the public and industry.

The judge has yet to be presented with the case because the Justice Department is still looking at the comments and deciding whether changes should be made in the agreement, said Christine Romano, a spokeswoman for the department.

She said the magnitude of the settlement has prompted government lawyers to examine it very thoroughly, so she could not say when the case would be handed over to the judge.

An interim order that puts in place provisions of the settlement may make the delay less significant. Kennedy said the settlement could go into effect pending his review.

Caterpillar Inc., Cummins Engine Co., Detroit Diesel Corp., Mack Trucks, Navistar International Transportation Corp. and Volvo Truck Corp. agreed to fines of varying amounts and to fund environmental research projects, retrofit some engines already on the road and meet stricter emissions standards ahead of schedule.

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