Washington — The Justice Department on Wednesday ordered federal prosecutors to halt criminal charges and drop all pending cases related to the sale of illicit “defeat devices” used to tamper with air pollution controls in diesel vehicles. The directive, issued by Deputy Attorney General Todd Blanche, represents a significant shift in environmental enforcement.
Shift in Enforcement Strategy
This marks the first instance of the Justice Department formally scaling back environmental criminal enforcement since President Trump took office in January 2025. According to a memo reviewed by CBS News, Blanche stated the decision aims to ensure “consistent and fair prosecution under the law, as well as to ensure the best use of Department resources.”
While the Trump administration previously rolled back numerous environmental regulations, those actions largely focused on civil enforcement and regulatory changes, rather than criminal prosecutions. This new directive directly impacts the pursuit of criminal penalties for those involved in the sale and distribution of these devices.
Legal Challenges and Internal Disagreements
The decision stems from a newly proposed legal theory, which argues that violations related to these devices should be pursued as civil offenses, not criminal ones. This theory contradicts the conclusions of both career federal prosecutors and attorneys within the Environmental Protection Agency, according to internal government records. The Justice Department spokesperson stated the department is “exercising its enforcement discretion to no longer pursue” criminal charges related to tampering with emissions control software.
The move follows a November pardon granted by Mr. Trump to Troy Lake, a Wyoming diesel mechanic convicted of conspiring to violate the Clean Air Act by disabling emissions controls. The pardon was prompted by Wyoming Senator Cynthia Lummis, who alleged the case was a “weaponized” prosecution, though she provided no supporting evidence. Senator Lummis has also advocated for legislation that would limit the EPA’s authority over vehicle emissions regulations.
Potential Impact and Ongoing Cases
Blanche’s order has the potential to affect more than a dozen pending criminal cases nationwide, as well as over 20 ongoing investigations. Several cases, including two in Pennsylvania, were initially indicted in 2025, during the first year of Mr. Trump’s second term. The Clean Air Act mandates EPA regulation of vehicle emissions, requiring manufacturers to install emissions control systems to reduce pollutants like nitrogen oxides and carbon monoxide. Tampering with these systems is illegal, despite a thriving black market driven by the desire for increased horsepower and fuel efficiency.
The shift in strategy was reportedly championed by Adam Gustafson, a Justice Department official who previously worked for Boeing and the EPA. Gustafson’s change of heart followed a legal argument presented in July by attorneys representing Tracy Coiteux, who appealed her conviction under the Clean Air Act. Her lawyers argued that onboard diagnostic systems are not “required to be maintained” under the law, thus limiting prosecution to civil penalties. While the 9th Circuit Court has not yet ruled on the Coiteux case, the argument resonated with Gustafson, leading him to question pending cases.
Frequently Asked Questions
What are “defeat devices”?
Defeat devices are illicit aftermarket products used to tamper with air pollution control systems in diesel-powered vehicles. They can help boost horsepower and improve mileage, but they also allow vehicles to emit higher levels of pollutants.
Why did the Justice Department change its approach to these cases?
The Justice Department is now pursuing a legal theory that these violations should be treated as civil offenses, not criminal ones. This theory is based on an argument that the software associated with emissions controls is not “required to be maintained” under the Clean Air Act.
Could this decision impact previous cases, like the Volkswagen emissions scandal?
The decision primarily affects ongoing and pending cases related to aftermarket defeat devices. The Volkswagen case, which involved the manufacturer intentionally installing defeat devices, was resolved under the previous enforcement approach.
As the Justice Department reevaluates its approach to these cases, it remains to be seen how this shift will ultimately impact environmental enforcement and the ongoing efforts to reduce air pollution from diesel vehicles.
How might this change in enforcement strategy affect the broader effort to regulate vehicle emissions and protect air quality?
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