The US Environmental Protection Agency [official website] released a statement [text] Thursday accusing Fiat Chrysler Automobiles (FCA) [corporate website] of installing and failing to disclose engine software that lead to increased emission of nitrogen oxides in roughly 104,000 diesel-powered vehicles. The affected vehicles include Jeep Grand Cherokees and Dodge Ram 1500 trucks from model years 2014 to 2016. Cynthia Giles [official profile], an administrator with the EPA’s Office of Enforcement and Compliance Assurance [official website], says the failure to disclose the software was a violation of provisions of the Clean Air Act [text, PDF], and FCA could be liable for civil penalties and injunctive relief. The EPA is also investigating whether the software constituted a “defeat device,” designed to interfere with the vehicle’s emission control system and producing misleading results during testing. Such a device would be illegal, according to the report.

Failing to disclose software that affects emissions in a vehicle’s engine is a serious violation of the law, which can result in harmful pollution in the air we breathe. We continue to investigate the nature and impact of these devices. All automakers must play by the same rules, and we will continue to hold companies accountable that gain an unfair and illegal competitive advantage.

Scrutiny over deceptive software in diesel engines has increased after a major scandal was uncovered involving Volkswagen (VW) [corporate website] vehicles. VW has been steeply penalized internationally for a scandal [JURIST op-ed] that saw the automaker cheat emissions standards with software designed to fool testing equipment. On Wednesday the Department of Justice announced the indictments [JURIST report] of six high-ranking employees for their role in the scandal. Earlier this week corporate executive Oliver Schmidt was arrested [JURIST report] by the FBI on charges that he had conspired to defraud the US. VW faces sanctions in South Korea, Spain, Germany and Australia in addition to other sanctions [JURIST reports] in the US. The EU announced [JURIST report] in December a plan to hold member nations accountable for VW’s fraud, increasing the likelihood that other states may be added to the list of those suing the automaker.