Following decisions from Cummins and FCA to fight a class action lawsuit alleging emissions violations in diesel equipped Ram trucks, Milberg LLP, a national law firm that specializes in class action litigation, announced today that one of the automaker’s pickups has already allegedly failed federal and state emissions tests in California.
Earlier this week, both Cummins and FCA said they would strongly contest a class action lawsuit filed in federal court in Detroit which states that 6.7-liter Cummins diesel engines installed in 2008-2012 Ram 2500 and 3500 pickups violated emissions laws.
In a press release published today, Milberg LLP said that it’s investigating the catalytic converters of Ram trucks and that at least one Ram pickup has already allegedly failed to meet California and federal emissions standards.
“We are investigating whether the catalytic converters are working correctly to eliminate nitrous oxide and other emissions. The Ram trucks with the Cummins diesel engines were advertised as the cleanest diesel engine in its class that deliver on Cummins’ stated commitment to a cleaner, healthier environment,” a Milberg LLP statement reads.
“But according to several reports, testing of a 2012 Dodge Ram 2500 showed that the vehicle did not meet the federal and California emission standards; indeed, it is alleged that the emissions were found to be 3.5 times the maximum limits over short distances, and even higher when driven for longer distances or uphill.”
In September, FCA filed a $60 million lawsuit against Cummins over a selective catalyst reduction (SCR) system that both the U.S. Environmental Protection Agency and the California Air Resources Board (CARB) say is defective and can lead to an increase in emissions.
However, according to Reuters, the pickups in question are not year model 2012, but rather 2013-2015 Ram 2500 pickups with a 6.7-liter Cummins diesel. Both the EPA and CARB have been pushing for a recall on those trucks which both agencies say has an SCR that can malfunction in the presence of moisture and lead to an increase in nitrogen oxide.
The $200 million cost to repair roughly 130,000 effected trucks has FCA crying foul. The automaker reports that it’s already spent $60 million so far to fix the problem in 42,000 trucks and now wants Cummins to reimburse them for that cost. The National Highway Traffic Safety Administration does not list any emissions-related recalls for the aforementioned trucks.
Cummins has countersued FCA over what it claims is a lack of cooperation which it says has negatively impacted Ram customers and Cummins.