The United States Attorney's Office for the District of Colorado has announced sentencing in a significant case involving violations of the Clean Air Act. Elite Diesel Service Inc., once based in Windsor, Colorado, and its owner, Troy Lake Sr., have been sentenced after pleading guilty to conspiring to disable emissions control systems on hundreds of heavy-duty diesel trucks across the country.
Between January 2017 and December 2020, Elite Diesel Service and Lake instructed employees to disable on-board diagnostic (OBD) systems on at least 344 commercial trucks. These systems are mandated by the Clean Air Act to monitor vehicle emissions control hardware. Companies operating diesel truck garages or fleets had previously disabled these systems' hardware and hired Elite Diesel Service to ensure OBDs would not detect malfunctions, violating federal law.
Tampering with emissions controls leads to significant increases in pollutants. In this case, it resulted in an illegal rise of at least 1,300 tons of nitrogen oxides, 30 tons of non-methane hydrocarbons, 600 tons of carbon monoxide, and 30 tons of particulate matter. Such pollution disproportionately affects low-income communities near high-traffic areas.
Lake received a sentence of one year and one day in custody along with a $2,500 fine. Elite Diesel Service was placed on five years probation with a $37,500 fine. The company must also pay $12,500 towards a program by the Colorado Department of Public Health and Environment to help low-income drivers repair their vehicles' emissions controls.
The investigation uncovered a broader conspiracy involving eight co-conspirators from seven states who had already been sentenced. These entities faced fines and were ordered to fund community service projects aimed at mitigating environmental damage caused by their actions.
Acting United States Attorney for the District of Colorado Matt Kirsch stated that "these violations... affected the health of people in Colorado and across the nation." Special Agent Lance Ehrig emphasized that "the actions by the defendants... directly resulted in a significant increase in excess pollution."
Judge Regina Rodriguez handed down the sentences on December 5, 2024. The Environmental Protection Agency conducted the investigation while Assistant United States Attorney Rebecca Weber and Special Assistant United States Attorney Linda Kato led the prosecution efforts.