Almost none of us do anything tangible to push back against the efforts of the EPA. Worse, some of us are in on the skim. An example: my job is to indirectly help companies and municipalities comply with EPA regulations which are enforced by state agencies. Most of this gets built into consumer prices and taxes. I for one am guilty, and I hate it.
If the EPA's certification of emissions on a vehicle forbade future lawsuits, they would not have the opportunity to prosecute later, for an error of omission on their part. In other words, the EPA is the ultimate arbiter of emissions but they refuse to take responsibility. Their Emissions Defeat Device regulations leave the door open for them to bring a company up on charges at any time. Kind of like IRS laws / regulations / rulings - I believe it was one of the FairTax books that said most people could be brought up on charges at any time because it is nearly impossible to always be in compliance with the
70k pages. Note this - the EPA is rarely blamed for not doing what people think they are supposed to be doing.
So, as a manufacturer, as long as we comply with their emissions requirements, we're ok, right? Part of the EPA's countenance is to convey a message to companies like Cummins: you will bend the knee to us, you will pinch the incense, you will abide by every whim we have, you will exist for our pleasure.
Do you really think the EPA will be satisfied if they removed all diesel vehicles from the road? If they removed all gasoline vehicles as well, would they then be satisfied?
What recourse do we currently have? One political party that pushes for more EPA power and their supposed counterpart being nothing more than controlled opposition? The controlled opposition party won't even call out obvious election fraud? Even phony elections have consequences.