Ebay faces $2 billion fine for selling ‘rolling coal’ devices that deliberately pollute

Ebay is facing a fine of nearly $2 billion for allegedly enabling the sale of ‘rolling coal’ devices and other deliberately polluting equipment that violates environmental laws.

The US Department of Justice alleges that the online retailer sold more than 343,000 so-called defeat devices in violation of the Clean Air Act, with each sale the subject of a $5,580 fine.

Rolling coal has become a form of anti-environmentalism protest in the United States, involving the modification of a diesel engine in order to emit black clouds of sooty exhaust fumes.

Online video compilations show drivers of pickup trucks deliberately rolling coal as they pass cyclists and electric vehicles.

Until recently, the devices required to perform it were relatively easy to find through online retailers, costing between $200-500.

The Justice Department wrote in its complaint, which was filed on behalf of the Environmental Protection Agency (EPA) in a federal court in New York, that the rolling coal devices “defeat motor vehicle emission controls” set out in the Clean Air Act.

“Aftermarket defeat devices significantly increase pollution emissions – including carbon monoxide, nitrogen oxides, particulate matter and nonmethane hydrocarbons – that harm public health,” the complaint stated.

The EPA criminalised the practice, which appears to be mainly confined to the US, in 2014, with some states warning of fines of up to $5,000 for anyone caught doing it.

Several companies who sell coal rolling equipment have already been forced to pay fines of up to $1 million for breaking the law.

“Our nation’s environmental laws protect public health and the environment by prohibiting the unlawful sales of defeat devices; unregistered, misbranded and restricted use pesticides; and unsafe products containing toxic chemicals,” David Uhlmann from the EPA’s Office of Enforcement and Compliance Assurance said following the Justice Department’s latest action against eBay.

“The complaint filed demonstrates that EPA will hold online retailers responsible for the unlawful sale of products on their websites that can harm consumers and the environment.”

Ebay described the lawsuit as “entirely unprecedented”, claiming that sales of such devices were banned and that it was actively policing its site against their sale.

“Maintaining a safe and trusted marketplace for our global community of sellers and buyers is a fundamental principle of our business,” the company said.

“Indeed, eBay is blocking and removing more than 99.9 per cent of the listings for the products cited by the DOJ, including millions of listings each year.”