Biden’s DOJ files lawsuit against eBay for alleged environmental policy violations

The complaint was filed in Brooklyn federal court on behalf of the US Environmental Protection Agency (EPA), which has accused the online commerce business of violating the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA).

According to the complaint, eBay violated the CAA by selling, offering, or causing the sale of more than 343,000 aftermarket defeat devices, which defeat motor vehicle emission controls. The Justice Department claims that aftermarket defeat devices harm public health by significantly increasing pollution emissions, which include carbon monoxide, nitrogen oxides, particulate matter, and nonmethane hydrocarbons.

In addition, the complaint says eBay violated the FIFRA by unlawfully distributing or selling at least 23,000 unregistered, misbranded, or restricted-use pesticide products. This is despite the EPA reportedly issuing a stop sale order to eBay in 2020 and amended in 2021, according to the DOJ.

Furthermore, the complaint alleges that eBay violated the TSCA Methylene Chloride Rule by distributing over 5,600 items that contain methylene chloride for paint and coating removal. These products have been prohibited to prevent health risks, including death, according to the DOJ.

Assistant Attorney General Todd Kim of the Justice Department's Environment and Natural Resources Division (ENRD) said, "Laws that prohibit selling products that can severely harm human health and the environment apply to e-commerce retailers like eBay just as they do to brick-and-mortar stores."

"We are committed to preventing the unlawful sale and distribution of emissions-defeating devices and dangerous chemicals that, if used improperly, can lead to dire consequences for individuals and communities," Kim added.

Assistant Administrator David M. Uhlmann of the EPA's Office of Enforcement and Compliance Assurance said the agency will continue to work to hold online retailers accountable for violating policies.

"The complaint filed today demonstrates that EPA will hold online retailers responsible for the unlawful sale of products on their websites that can harm consumers and the environment," Uhlmann said.

"Our nation's environmental laws protect public health and the environment by prohibiting the unlawful sale of defeat devices; unregistered, misbranded, and restricted use pesticides; and unsafe products containing toxic chemicals such as methylene chloride," he added.

US Attorney Breon Peace for the Eastern District of New York said that his office "will vigorously enforce federal law against those whose conduct endangers public health and the environment."

"eBay’s sale of emission control defeat devices, pesticides, and other unsafe products poses unacceptable risks to our communities disproportionately impacted by environmental and health hazards," Peace said.

According to the Department of Justice, the lawsuit was filed in the US District Court for the Eastern District of New York and is being handled by Senior Attorney James Freeman for ENRD's Environmental Enforcement Section and by Assistant US Attorneys Michael Blume and Paulina Stamatelos for the Eastern District of New York.

In order to combat "climate change," the Biden administration has taken strong measures to implement expensive environmental policies at the cost of US taxpayers, like the electric vehicle mandate which former President Donald Trump has called on Biden to reverse.