US Government sues eBay for selling vehicle emissions defeat devices

The US Department of Justice has filed a lawsuit against eBay, claiming the online marketplace sold – or facilitated the sale – of more than 340,000 emissions defeat devices which allow cars to produce potentially toxic amounts of harmful materials.

In a media statement, the Department of Justice (DOJ) said it filed the complaint against eBay in a Brooklyn, New York court on behalf of the US Environmental Protection Agency (EPA).

According to the DOJ and EPA, more than 343,000 emissions defeat devices which fall foul of the country’s Clean Air Act (CAA) have been sold, offered for sale or had sales facilitated by eBay.

The lawsuit claims these devices “significantly increase pollution emissions – including carbon monoxide, nitrogen oxides, particulate matter and nonmethane hydrocarbons – that harm public health and impede efforts by the EPA [...] to plan for and attain air quality standards”.

Following the allegations, eBay responded to the lawsuit with a media statement on its website, saying “The Government's actions are entirely unprecedented and eBay intends to vigorously defend itself”. 

According to news agency Reuters, companies face fines of up to $US5580 ($AU8750) for each violation of the Clean Air Act – which could result in eBay being penalised billions of dollars.

Such a precedent has previously been set by Volkswagen’s highly-publicised ‘Dieselgate’ emissions defeat scandal.

In 2015, it was found certain diesel-powered Volkswagen, Audi, Skoda and Porsche models built since 2009 were knowingly fitted with engine software which had been designed to cheat emissions tests.

While the cars produced passable emissions during testing, in the real world their emissions levels would be significantly higher and borderline toxic.

Since 2015, it is estimated the Volkswagen Group has paid more than $US33.3 billion ($AU52 billion) in fines, buy-backs and compensation relating to Dieselgate.

This included a $125 million penalty in Australia for the 57,000 vehicles sold locally with the deceptive software.