Is Congress About To Ease Penalties For Convicted Diesel Tuners?

It’s a story that we’ve been following for nearly a decade: The federal government’s war on diesel tuners and parts manufacturers. Now, in an interesting twist that could prove pivotal for those who have become entangled in this legal nightmare, the United States House of Representatives Committee on Oversight and Government Reform has issued a challenge to the Environmental Protection Agency and Department of Justice. In a letter submitted to EPA Administrator Lee Zeldin and Attorney General Pam Bondi the Committee questions the organization’s (EPA) authority to enforce regulation.

What Is A Consent Decree?

At the heart of the matter is the legal tactic that the EPA used when it levied fines and punishment against these companies. A consent decree is a court order resulting from a negotiated agreement between both parties involved. In this case, the parties are those accused of violating the Clean Air Act and the U.S. Government. Consent decrees are often used instead of a judgement being issued after a trial. They are a form of settlement where a court approves the agreement between the two parties and makes it enforceable.

Why Does The Use Of A Consent Decree Matter?

Specifically, the letter brings to light the department’s use “tyrannical consent decrees.” Members of the Oversight Committee believe that these arrangements are politically motivated and have been used to retaliate against businesses and individuals who have spoken out against the previous administration.

The recent federal case against diesel tuning company PPEI and its owner, Kory Willis, is among the highest profile. In 2022, PPEI and Willis were fined by the U.S. Department of Justice $3.1 million for the manufacture and sale of emissions delete devices and tunes for diesel trucks. In December of 2024, U.S. District Court Judge John A. Mendez handed down final sentencing in the criminal case against Willis, which included an unprecedented 10 months of home confinement as part of a three-year probation term. Notably, the U.S. government utilized a consent decree to bring these charges against Willis and his company.

Monetary penalties aside, written into the consent decree brought against PPEI and Willis is language stating that the company will be required to receive California Air Resources Board (CARB) approval for each and every product that they sell, despite not advertising to or doing business in the state of California. This verbiage has become common in these consent decrees and function as retaliatory tactics that have nothing to do with and go far beyond the original infraction.

From the committee letter, “In some instances, these federal consent decrees were based on state laws rather than federal laws and regulations,” the letter states. “Failing to comply with the requirements, which are often extremely expensive for small businesses, all but ensured DOJ and EPA would force the business to close, potentially leaving countless Americans without jobs.”

It’s worth noting that the committee’s letter also focuses on issues and industries not related to diesel tuners, such as a case brought against a seafood processing plant in Alaska. However, it does point directly to PPEI’s consent decree in the footnotes.

How Do We See This Playing Out?

Of course, we are not lawyers, none of this is legal advice, and we don’t know any more than we’re able to read in public documents. As far as where this goes from here it’s worth noting that this is only the beginning of a potentially long fight. It is however moving in the right direction. This week the House Subcommittee on Federal Law Enforcement, which is led by Chairman and Louisiana Representative Clay Higgins, has requested that the DOJ and EPA provide a staff-level briefing to assist with its investigation into the matter.

If and when it’s found that these consent decrees were unlawfully drafted, it’s likely to reset the requirement set regarding full CARB compliance. Without a full repeal of the Clean Air Act we don’t see where there would be any big changes to the civil penalties and fines that have been issued. But it’s not impossible that these convictions get tossed in their entirety on the grounds that they were wrongfully implemented to begin with.

The only thing for certain is that we’ll be watching how this plays out even more closely now.

What Other Diesel Tuners Have Been Fined By The EPA?

Of course, PPEI and Kori Willis aren’t the only diesel tuners who have had run-ins with the EPA in recent years. A few other notable examples, and those who stand to benefit from a favorable outcome, include: