Justice Department Sues SpaceX for Discriminating Against Asylees and Refugees in Hiring

 

Asylees and Refugees With Relevant Information Should Contact the Justice Department

The Justice Department filed a lawsuit today against Space Exploration Technologies Corporation (SpaceX) for discriminating against asylees and refugees in hiring. The lawsuit alleges that, from at least September 2018 to May 2022, SpaceX routinely discouraged asylees and refugees from applying and refused to hire or consider them, because of their citizenship status, in violation of the Immigration and Nationality Act (INA).

In job postings and public statements over several years, SpaceX wrongly claimed that under federal regulations known as “export control laws,” SpaceX could hire only U.S. citizens and lawful permanent residents, sometimes referred to as “green card holders.” Export control laws impose no such hiring restrictions. Moreover, asylees’ and refugees’ permission to live and work in the United States does not expire, and they stand on equal footing with U.S. citizens and lawful permanent residents under export control laws. Under these laws, companies like SpaceX can hire asylees and refugees for the same positions they would hire U.S. citizens and lawful permanent residents. And once hired, asylees and refugees can access export-controlled information and materials without additional government approval, just like U.S. citizens and lawful permanent residents.

“Our investigation found that SpaceX failed to fairly consider or hire asylees and refugees because of their citizenship status and imposed what amounted to a ban on their hire regardless of their qualification, in violation of federal law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation also found that SpaceX recruiters and high-level officials took actions that actively discouraged asylees and refugees from seeking work opportunities at the company. Asylees and refugees have overcome many obstacles in their lives, and unlawful employment discrimination based on their citizenship status should not be one of them. Through this lawsuit we will hold SpaceX accountable for its illegal employment practices and seek relief that allows asylees and refugees to fairly compete for job opportunities and contribute their talents to SpaceX’s workforce.”

The department’s lawsuit alleges that SpaceX discriminated against asylees and refugees based on citizenship status at multiple stages of the hiring process. For example:

• SpaceX discouraged asylees and refugees from applying for open positions, through public announcements, job applications and other online recruiting communications that excluded asylees and refugees.
• SpaceX failed to fairly consider applications submitted by asylees and refugees.
• SpaceX refused to hire qualified asylee and refugee applicants and repeatedly rejected asylee and refugee applicants because of their citizenship status.
• SpaceX hired only U.S. citizens and lawful permanent residents, from September 2018 to September 2020.

SpaceX recruits and hires for a variety of positions, including welders, cooks, crane operators, baristas and dishwashers, as well as information technology specialists, software engineers, business analysts, rocket engineers and marketing professionals. The jobs at issue in the lawsuit are not limited to those that require advanced degrees. 

Asylees and refugees are migrants to the United States who have fled persecution. To obtain their status, they undergo thorough vetting by the United States government. Under the INA, employers cannot discriminate against them in hiring, unless a law, regulation, executive order or government contract requires the employer to do so. In this instance, no law, regulation, executive order or government contract required or permitted SpaceX to engage in the widespread discrimination against asylees or refugees that the department’s investigation found, as explained in the complaint.

Because SpaceX works with certain goods, software, technology and technical data (referred to here as export-controlled items), SpaceX must comply with export control laws and regulations, including the International Traffic in Arms Regulations and the Export Administration Regulations. Under these regulations, asylees, refugees, lawful permanent residents, U.S. citizens and U.S. nationals working at U.S. companies can access export-controlled items without authorization from the U.S. government. Therefore, these laws do not require SpaceX to treat asylees and refugees differently than U.S. citizens or green card holders. Find more information here on how employers can avoid discrimination when complying with export control requirements.

The United States seeks fair consideration and back pay for asylees and refugees who were deterred or denied employment at SpaceX due to the alleged discrimination. The United States also seeks civil penalties in an amount to be determined by the court and policy changes to ensure it complies with the INA’s nondiscrimination mandate going forward.

Please contact the department’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) at IERSpaceXcase@usdoj.gov or 1-888-473-3845 if you are or were an asylee or refugee who experienced any one of the following at any point in time:

(1) You applied to a job at SpaceX and were rejected.

(2) You were discouraged from applying to SpaceX because you were not a U.S. citizen or lawful permanent resident.

(3) A recruiter or other SpaceX employee told you that SpaceX could only hire U.S. citizens and/or lawful permanent residents.

IER is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute generally prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation. 

Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); e-mail IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites.

Attorney General James Fights to Keep Dangerous Assault Weapons Out of Communities

 

Multistate Coalition of 18 Attorneys General Defends Delaware Ban on Assault Weapons and Large Capacity Magazines

 New York Attorney General Letitia James today took action to defend legislation that bans dangerous assault weapons and restricts the use of large capacity magazines. Joining a coalition of 18 attorneys general in filing an amicus brief with the U.S. Court of Appeals for the Third Circuit, Attorney General James urged the court to reject challenges to Delaware laws banning assault weapons and restricting large capacity magazines that were enacted in 2022. Gun safety measures are an important part of fighting the flow of illegal guns into New York. Seventy-five percent of all crime-related guns recovered in New York originated from out of state, with the “iron pipeline” running up the East Coast being a top source for trafficked weapons. Like New York, Delaware bans assault weapons, restricts large capacity magazines, and prohibits bump stocks and other devices that increase the rate of fire of semiautomatic weapons. The challenge to Delaware's laws puts New Yorkers at risk by making it easier to obtain dangerous weapons in nearby states.

“Assault weapons are designed to be used on battlefields and military bases, not in neighborhoods and schools,” said Attorney General James. “Far from making people safer, these deadly weapons are a clear and ever-present danger in communities throughout our nation. The iron pipeline means that a gun purchased legally elsewhere can be smuggled into New York, putting our families at risk. That is why I will fight tirelessly and use every tool at my disposal to get assault weapons off the streets and defend laws that stop gun violence.”

State laws like Delaware’s that restrict assault weapons and other deadly accessories are an important tool to fight gun trafficking on the “iron pipeline,” a route through the East Coast in which guns are trafficked north to places like New York from southern states with fewer regulations. Although numerous East Coast states like Delaware, Massachusetts, Connecticut, New York, New Jersey, and Maryland have successfully enacted assault weapons bans, striking down Delaware’s ban could present a danger to these and other nearby states.

Attorney General James and the coalition of attorneys general argue that Delaware’s laws should be upheld because they are in line with common restrictions at the state and federal levels. Nine other states, including New York, have enacted similar assault weapons bans and 14 other states, including New York, have enacted similar restrictions on large capacity magazines. In addition, the attorneys general assert that Delaware’s laws are in line with the Second Amendment because they restrict dangerous weapons that are not commonly used or useful for self-defense. Assault weapons were used in over 30 percent of mass shootings in the past decade, and they were used for self-defense in just 0.2 percent of active shooter incidents between 2000 and 2021.

Joining Attorney General James in filing today’s amicus brief are the attorneys general of California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.

This amicus brief is a part of Attorney General James’ ongoing efforts to address gun violence throughout New York and across the nation. She recently joined a multistate coalition of attorneys general in an amicus brief before the Supreme Court urging the justices to uphold a federal law preventing domestic abusers from accessing guns. In May, Attorney General James sued a gun accessory manufacturer that aided the Buffalo mass shooter. In April, she took action to remove more than 3,000 guns off New York’s streets in a single day through the first-ever statewide gun buyback program, and has removed over 7,000 guns from New York since taking office. In March, Attorney General James and the New York Drug Enforcement Task Force took down a firearm and drug trafficking operation that illegally sold guns, including ghost guns and assault weapons, in New York City. The takedown recovered 19 firearms, including 12 ghost guns. Also in March, Attorney General James secured a court order banning 10 gun distributors from selling and shipping ghost gun parts into New York. In December 2022, Attorney General James and the task force removed 57 illegal firearms, including 51 ghost guns, as part of a 438-count indictment against three individuals. In June 2022, Attorney General James sued 10 national gun distributors for bringing ghost gun parts into New York.

NYC Comptroller Lander Unveils New Online Hub to Track City’s Contracting & Budgeting Data for Asylum Seeker Service Provision

 

New York City Comptroller Brad Lander launched a new resource on the Comptroller’s Office website to enhance transparency into the City’s contracting and budgeting for service provision to support asylum seekers. The page, titled “Accounting for Asylum Seeker Services,” brings together the most comprehensive publicly available set of the City’s known emergency contracts, budget projections, and high-level data on the asylum seeker population.

“As New York City opens its arms to thousands of asylum seekers, the Comptroller’s Office is committed to providing New Yorkers with an honest look into the City’s emergency response operations and spending. Our new web resource is a centralized hub for City agencies, the press, and the public to access key information on emergency contracting, budgeting, and the status of individuals in our shelter system,” said Comptroller Brad Lander.

During emergency situations, agencies are permitted to expedite procurement processes, bypassing competitive bidding and reducing integrity reviews. Since Spring 2022, the City has entered into hundreds of emergency contracts across many agencies to provide shelter, meals, medical care, transportation, and legal assistance (and the staffing support for all of these services) to tens of thousands of asylum seekers.

Because these contracts are entered into with little coordination by multiple agencies, including some with different procurement rules (e.g. NYC Health + Hospitals), and because most have not yet been submitted to the Comptroller’s office for registration, there is no coordinated database. The Comptroller’s office has assembled the records in the directory from data collected from PASSPort Public (the City’s contract processing database), registered contracts that have arrived at the Comptroller’s Bureau of Contract Administration, and additional lists provided by the Administration.

In July, the Comptroller’s Office released an audit of emergency procurement during the COVID-19 crisis that identified significant overspending and issued a guidance memo to City agencies to employ best practices for controlling costs and conducting oversight of vendors in an emergency contracting context. Read the Comptroller’s Office’s letter to agencies on vendor oversight and cost containment during emergency procurement.

“New York benefits from each wave of new immigrants who consistently bring new energy, ideas, businesses, culture generation-after-generation, and an abiding faith in the future of our city. New York City stands to benefit greatly from this newest wave of New Yorkers, if we can effectively manage the challenge of helping them find stable housing, get permission to work, and begin building their new lives here. For that, we need much more support from the federal and state governments, a significantly stronger focus on helping new arrivals file their applications for asylum and work authorization, and a even broader coalition of public, private, and civic partners. We hope this resource will provide transparent information that supports those efforts,” said Lander.

The Comptroller’s office will update this resource on a regular basis as data becomes available.

Explore the “Accounting for Asylum Seeker Services” resource.

Governor Hochul Calls on President Biden to Direct the Federal Government to Provide Work Authorizations, Support, and Shelter For More Than 100,000 Asylum Seekers in New York State

 

Governor Urges White House to Provide Expedited Work Authorization for Asylum Seekers, Financial Assistance for the City and State, the Use of Federal Lands and Facilities, and Reimbursement for Nearly 2,000 New York National Guard Members

Governor Also Announces Plan to Connect Asylum Seekers to Employers with Job Openings Throughout New York State

Governor's Ongoing Response to Asylum Seeker Arrivals Includes $1.5 Billion in Aid in FY 2024 Budget, Mobilization of Nearly 2,000 National Guard Members, and Providing State-Owned Sites to House Asylum Seekers

 Governor Kathy Hochul today called on President Biden to take executive action and direct additional federal resources to the State of New York as it manages the unprecedented influx of asylum seekers arriving in New York. In a formal request sent to the White House this morning, Governor Hochul outlined specific, outstanding requests, including expedited work authorizations for asylum seekers, financial assistance for New York City and New York State, the use of federal land and facilities for temporary shelter sites, and Title 32 designation to provide federal funding for the nearly 2,000 New York National Guard members currently providing logistical and operational support across the State.   

“For over a year, I have called for federal assistance and support for New York as we manage the unprecedented number of asylum seekers arriving in our state,” Governor Hochul said. “New York cannot continue to do this on its own. It is past time for President Biden to take action and provide New York with the aid needed to continue managing this ongoing crisis.” 

Governor Hochul also announced a program that will greatly expand the State’s ability to help asylum seekers quickly gain lawful employment. Governor Hochul directed the New York State Department of Labor (DOL) to help connect asylum seekers to employment opportunities so they can begin working immediately after obtaining federal work authorization. All asylum seekers with work authorization in New York can now register for assistance here. DOL career experts will work with individuals to assess skills, work history, education, career interests and more, and connect them with employers across the State. Additionally, the New York State Department of Labor launched a portal enabling businesses to inform the State that they would welcome newly-authorized individuals into their workforce.  

Today's actions are Governor Hochul's latest efforts to address the arrival of asylum seekers and migrants in New York. Earlier this week, Governor Hochul announced a $20 million investment to help expedite the casework filing process for more than 30,000 asylum seekers. This investment builds on the $1.5 billion the State already committed to support New York City by providing funding for health care, shelter costs, National Guard personnel, legal services, and voluntary relocation programs. The State has also loaned New York City sites to use as temporary shelters which currently house more than 2,000 asylum seekers every day.  

The full text of Governor Hochul's letter to the President is available below: 

Dear President Biden:

New York State has been working with the City of New York to manage the arrival of a significant number of migrants and individuals seeking asylum in New York over the past year.  This influx has stretched the City’s and State’s resources, created tremendous operational and management challenges, and imposed overwhelming demands on the City’s homeless shelters.  I wrote to you earlier this year to ask for the use of certain federal properties to provide temporary shelter.  While I appreciate you taking initial steps to assist the State in this regard and your longstanding commitment to an equitable approach to immigration at the Southwest border, the challenges we face demand a much more vigorous federal response.  With the arrival of over 100,000 asylum seekers and migrants in the past year, coupled with the sustained arrival of hundreds if not thousands to the City every week, the federal government must partner with the City and State in handling this humanitarian crisis.  The City and the State have provided significant funding, staffing, and case management for these arrivals to date.  I write to you today to express a most urgent need for the federal government to take executive action and direct significant financial assistance to address this challenge.

There are several key steps that the federal government must take to meet its responsibilities to New York.

First, the federal government must expedite work authorizations.  New York has a very strong job market, and the State is committed to providing job placement services to those who have work authorization and to resettling individuals and families who have applied for asylum.  Today, many asylum seekers and migrants need both shelter and financial assistance for an indefinite period simply because they cannot legally work in the United States.  Work authorization would enable these individuals to resettle in communities more quickly.  The federal government can expedite work authorizations through executive actions like granting and extending Temporary Protected Status, specifically for countries like Venezuela, which constitute a significant portion of the arriving population and where the situation on the ground continues to deteriorate.  I also support the use of the humanitarian parole program for individuals from other countries.  We cannot make progress in mitigating the humanitarian crisis we face in New York without these essential actions by the federal government.

Second, the federal government must provide the State and the City with significant financial assistance.  The State has already committed over $1.5 billion, and based on the current trajectory and planning, this crisis could cost the State an additional $4.5 billion next year.  According to New York City Mayor Eric Adams, the City projects that the cost to the City will be $12 billion to support the arriving asylum seekers and migrants.  The City and the State are incurring these unexpected expenditures in the midst of declining tax revenues while costs are rising.  This is a financial burden the City and State are shouldering on behalf of the federal government.  While the State appreciates the $145 million contribution that the federal government has made to this effort, this allotment of funds is insufficient.  The costs to provide services and assistance to migrants arriving in New York are high and the need for federal assistance is clear.

• Healthcare and Human Services: The State needs funding from the federal government to pay to test the migrants for illnesses that might pose a threat to public health and to provide Covid-19 vaccine and other immunizations; to offset state program costs through an increase in federal cost sharing under the Medicaid program (FMAP); and to support comprehensive case management services.
• Transportation: The Federal Transit Administration has an Emergency Relief program, and we call on the federal government to direct funds from this program to the Metropolitan Transportation Authority (MTA) for free transportation services provided to migrants and asylum seekers.  To date, the MTA has spent over $2.3 million for these services and the costs will continue to rise.  The MTA has had to raise fares for New York commuters to close its budget gap and the MTA cannot provide free transport services for migrants on an ongoing basis without federal financial assistance. 
• Housing Assistance: The Department of Housing and Urban Development has housing subsidy programs, including Section 8 housing vouchers, that should be provided to eligible homeless families and individuals to help them move into permanent housing, to relieve the pressure on the City’s shelters, and to decrease the City’s significant costs to shelter elsewhere.
• Education: The Department of Education must work with the City and the State to surge resources to school districts seeing the dramatic increases in their student population as a direct result of this crisis. Many of the arriving migrants are families with children who are enrolling in public school and need English as a Second Language and other support services.

Third, the federal government has key facilities in the City and metropolitan area that the State and the City urgently need for temporary shelters.  The New York City shelter system is caring for over 58,500 asylum seekers and migrants, and the number continues to grow by the thousands each week.  The City has opened more than 200 shelters in response to this crisis and is out of space.  Additionally, the State has provided multiple state-owned facilities including the former Lincoln Correctional Facility, Building 197 at John F. Kennedy Airport, and space on the Creedmoor Psychiatric Hospital campus.  The City and State are quickly running out of viable locations to house asylum seekers and migrants.  Additional federal assistance to identify, prepare, and operate new sites on federally owned assets is essential.  I am grateful for the efforts of your Administration to make Floyd Bennett Field available.  However, there are other properties the federal government owns that should also be made available for this purpose.

Fourth, the federal government should reimburse the State for the costs of deploying the National Guard.  The State is incurring costs of over $22 million per month to support approximately 1,950 National Guard members, who are deployed in the City and to counties to assist with humanitarian operations.  This is an expense most appropriately borne by the federal government.   Title 32 of the United States Code provides those who perform active duty under state control with pay and benefits by the federal government.  I understand that the federal government has authorized the use of the Title 32 authority in the past to reimburse states for costs associated with the deployment of the National Guard to assist with immigrants arriving in the United States.  I am calling on the federal government to provide that same level of assistance to New York, either through a Title 32 authorization or through another funding mechanism.

In summary, New York City and New York State are deploying all available resources and staff to manage this immigration crisis.  New York is a state with tremendous talent, capability, compassion, and potential.  No challenge is too great, and we are stepping up to handle this mission.  However, the flow of asylum seekers and migrants into New York is continuing at a high and unabated level.  It is the federal government’s direct responsibility to manage and control of the nation’s borders.  Without any capacity or responsibility to address the cause of the migrant influx, New Yorkers cannot then shoulder these costs.  I cannot ask New Yorkers to pay for what is fundamentally a federal responsibility and I urge the federal government to take prompt and significant action today to meet its obligation to New York State.

Thank you for your continued leadership for our nation on this issue and so many others.

Bronx Metro-North Monthly Update, August 2023

 

Monthly Bronx Metro-North Study Update
August 2023

Upcoming Outreach Opportunities Come join us this summer! Stop by our table at DOT's Summer Streets event on August 26th, where we will be joining members of our Cross Bronx Planning team. Come say hello, ask questions, or leave feedback. Where: Grand Concourse between East Tremont Avenue and Mosholu Parkway When: August 26th, 10am-1pm

The NYC Summer Streets program (flyer above) represents just one of the many ways that DCP and other City Agencies celebrate neighborhood pride and strong community ties, as well as encourage conversations about public space and other current initiatives geared towards public realm improvements across all boroughs.

Are you looking for another way to engage?  We also encourage those wishing to share ideas, ask questions, or discuss the planning work to take advantage of our Remote Office Hours. See the below link to find a 15-minute window to chat with us. Members of the public can sign up for multiple windows. Sign up here!   Stay up-to-date on Planning Work: Please visit the Bronx Metro-North webpage to see a summary of recommendations and past planning work. You can also learn more about the Metro-North Study and view past info sessions on the Metro-North YouTube channel.   Remote Office Hours: Have additional questions or thoughts you’d like to share with us? We’d love to hear from you. Sign up for one-on-one remote office hours with the study team here: Sign up!   Follow us: Find us on Twitter, Instagram and Threads. You can also subscribe to our YouTube channel and check out our Bronx Metro-North video playlist

Housing Lottery Launches For 2026 Honeywell Avenue In West Farms, The Bronx

 

Permits have been filed for a six-story mixed-use building at 2026 Honeywell Avenue in West Farms, The Bronx. Located between East 178th and East 179th Streets, the lot is near the West Farms Square/East Tremont Avenue subway station, serviced by the 2 and 5 trains. Yoel Klein under the Boinen LLC is listed as the owner behind the applications.

The proposed 71-foot-tall development will yield 36,281 square feet, with 29,508 square feet designated for residential space and 6,773 square feet for community facility space. The building will have 43 residences, most likely rentals based on the average unit scope of 686 square feet. The concrete-based structure will also have a cellar, a 30-foot-long rear yard, and 13 enclosed parking spaces.

P. Georgopoulos PC is list as the architect of record.

Demolition permits will likely not be needed as the lot is vacant. An estimated completion date has not been announced.

Idaho Diesel Parts Companies and Owner Agree to Pay $1 Million After Pleading Guilty to Selling and Installing Illegal Defeat Devices

 

Diesel performance parts retailers GDP Tuning LLC and Custom Auto of Rexburg LLC, dba Gorilla Performance, as well as the companies’ owner Barry Pierce, pleaded guilty to criminal charges in federal court in Pocatello, Idaho, and agreed to pay a total of $1 million in criminal fines. The companies also agreed to implement compliance programs and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.  

GDP Tuning pleaded guilty to an information charging it with conspiracy to violate the Clean Air Act (CAA). Gorilla Performance and Pierce pleaded guilty to an information charging them with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the companies and Pierce agree to pay a $1 million criminal fine.

“Tampering with vehicles’ on-board diagnostic devices isn’t just a violation of federal law – it’s a major health hazard,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “People are harmed as a direct consequence of the many air pollutants that would be removed by emissions controls systems absent the illegal tampering. We have made progress in curbing harmful emissions, but that progress is undermined by sellers and distributors of defeat devices. We are committed to enforcing the Clean Air Act and holding accountable businesses and individuals that violate federal law.”

“Nearly a decade after EPA began cracking down on illegal defeat devices that violate the Clean Air Act, there is no excuse for companies to be continuing to cheat on vehicle emissions and putting the health of the environment and our communities at risk,” said Assistant Administrator David M. Uhlmann of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA will continue to pursue criminal charges against companies like Gorilla Diesel, which broke the law brazenly and repeatedly, until this egregious criminal activity comes to a stop once and for all.”

“The defendants in this case purposefully violated laws that protect air quality and the overall quality of life for Idahoans, especially vulnerable populations such as children, the elderly and those who suffer from respiratory conditions,” said U.S. Attorney Josh Hurwit for the District of Idaho.  “My office will continue to partner with law enforcement agencies to prosecute those who seek illegal profits at the expense the public’s health and our shared environment.”

According to court documents, GDP Tuning conspired with Pierce and others to violate the CAA by purchasing and selling tens of thousands of tuning devices and accompanying software which, when used together, tampered with vehicles’ on-board diagnostic (OBD) systems. OBDs normally detect any removal and malfunction of a vehicle’s emissions control equipment and record a diagnostic trouble code which will illuminate a vehicles “check engine light.” If the malfunction is not remedied, some vehicles can go into “limp mode,” where the maximum speed is limited to 5 mph as an incentive to have the vehicle repaired.

GDP Tuning bought and sold devices and software that allowed customers to reprogram or “tune” a vehicle’s OBD. This reprogramming tampers with emissions monitoring built into the diagnostic system and allows removal of the vehicle’s emissions control equipment without detection by the OBD. Removing a vehicle’s emissions controls is typically referred to as a “delete” and is accompanied by a “delete tune.”

In addition to GDP Tuning’s national wholesale operation, Gorilla Performance and Pierce operated a retail shop and auto repair facility in Rexburg, Idaho, where customers’ trucks were deleted and tuned.

Diesel exhaust contains a variety of air pollutants, such as particulate matter (PM), nitrogen oxides (NOx), carbon monoxide and non-methane hydrocarbons, among other hazardous air pollutants. Factory-standard emissions control equipment dramatically reduces these emissions. 

Deleting a diesel truck causes its emissions to increase dramatically. For a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: NOx increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and PM increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted. 

Diesel emissions contain multiple hazardous compounds that harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.  

Sentencing is scheduled for Nov. 8 before U.S. District Court Judge B. Lynn Winmill for the District of Idaho. Though the corporate defendants agreed to pay $1 million in criminal fines under the plea agreements, they face a maximum fine per count of $500,000 or twice the gross pecuniary gain derived from the offense, and Pierce faces up to two years in prison. The defendants’ sentences will be determined at the discretion of the court after application of statutory factors and the Federal Sentencing Guidelines, which consider a number of variables.  

The criminal case stemmed from an investigation by the EPA’s Criminal Investigation Division. U.S. Attorney Josh Hurwit for the District of Idaho, Senior Trial Attorney Cassandra Barnum of the Environment and Natural Resources' Environmental Crimes Section and EPA Regional Criminal Enforcement Counsel Karla Perrin are prosecuting the case. 

Stopping the manufacture, sale and installation of illegal delete devices is a priority for EPA. To learn more, visit www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines

Attorney General James Leads Multistate Coalition to Protect Americans’ Right to Clean Air

 

Coalition of 10 Attorneys General and Two Local Governments Urges Court to Protect EPA Authority to Curb Dangerous Pollution That Crosses State Lines

New York Attorney General Letitia James led a multistate coalition in submitting an amicus brief to the U.S. Court of Appeals for the Fifth Circuit in the case of Texas v. EPA to defend the U.S. Environmental Protection Agency’s (EPA) authority under the Clean Air Act to ensure that each state does its fair share to reduce the air pollution that they send to other states. The brief responds to a claim by Texas, Mississippi, and Louisiana that the EPA does not have the authority to independently review their state implementation plans (SIPs) to ensure that these states sufficiently curb dangerous air pollution that travels across state lines. Attorney General James and the coalition reject that argument and support EPA’s authority to ensure that all states follow federal law requiring them to reduce dangerous air pollution that causes high levels of ground-level ozone, or “smog,” beyond their own borders that can trigger severe respiratory problems and even lead to early death. 

“Air pollution doesn’t care about state lines, and pollution emissions in other states very much impact the quality of air in New York,” said Attorney General James. “That is why I am leading a coalition of my fellow attorneys general to defend the EPA’s authority to require that all states adhere to their responsibilities under the Clean Air Act. I will not allow other states to pretend their air pollution has no harmful effects elsewhere. New Yorkers can breathe easier knowing that we will always fight for clean air and commonsense pollution regulations.” 

Congress included the Good Neighbor Provision in the Clean Air Act to address the problem of interstate pollution and help ensure states fulfill their obligations to their neighboring states. In 2015, the EPA strengthened air quality standards for ozone. Around this time, the EPA found that emissions from power plants and other industries in two dozen upwind states, including Texas, Mississippi, and Louisiana, would significantly affect many of the coalition states’ ability to achieve safe air quality standards. In response, rather than provide SIPs outlining plans to reduce emissions and ozone pollution, many upwind states simply downplayed the harm to downwind states and their residents’ air quality or minimized the role they played. When the EPA disapproved of these states’ inadequate plans to curb pollution, Texas, Mississippi, and Louisiana challenged the EPA’s authority to enforce the Good Neighbor Provision and to ensure all states reduce air pollution emissions affecting their neighbors.  

Attorney General James and the coalition explain that the EPA does have the authority to hold states accountable and ensure upwind states will work to curb harmful ozone pollution. The coalition notes that more than 50 percent of ozone pollution in some of their localities comes from other states, including those challenging the EPA’s authority. Additionally, Attorney General James and the coalition explain that ozone harms the health of residents in their states, as elevated levels of ozone can trigger asthma, worsen bronchitis and emphysema, and even contribute to early death. The coalition urges the court to reject the efforts of Texas, Mississippi, and Louisiana to ignore the Good Neighbor Provision and undermine the EPA’s power to protect states from air pollution originating in neighbor states.  

Leading this coalition of 10 attorneys general is part of Attorney General James’ ongoing efforts to protect New Yorkers’ right to clean air and natural resources. Earlier this month, Attorney General James helped secure $2.8 million from FrieslandCampina due to air and water pollution in Delaware County. In July, Attorney General James joined a bipartisan, multistate coalition opposing a proposed settlement with 3M for contaminating drinking water supplies. In May 2022, Attorney General James brought a lawsuit against three New York City bus companies for violating city and state bus idling laws and causing significant air pollution. In May 2020, Attorney General James led a coalition of nine attorneys general to sue the Trump administration for limiting enforcement of environmental protection laws.  

Joining Attorney General James in filing this amicus brief are the attorneys general of Connecticut, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, Pennsylvania, Wisconsin, and the District of Columbia; the county attorney of Harris County, Texas; and corporation counsel of the City of New York.