Recently, we reported that the EPA has downgraded its enforcement of emissions-delete devices on diesel trucks, but apparently, the Department of Justice (DOJ) didn’t get the memo. In news that is not so surprising, the U.S. government issued eBay a fine as it is accusing the online auction conglomerate of violating the Clean Air Act and other environmental laws by allowing users to sell emissions-delete devices that defeat automobile pollution controls.

The online auction house will likely face millions in penalties that include up to $5,580 for each Clean Air Act violation, according to the government’s complaint filed in the federal court in Brooklyn, New York. You can read the EPA’s announcement here.

The government says that eBay illegally allowed the sale of at least 343,011 aftermarket defeat devices. According to the lawsuit, “eBay has the power, the authority, and the resources to stop the sale of these illegal, harmful products on its website. It has chosen not to; instead, it has chosen to engage in these illegal transactions.”

After that, eBay released the following statement,”[this is] entirely unprecedented. Maintaining a safe and trusted marketplace for our global community of sellers and buyers is a fundamental principle of our business. Indeed, eBay is blocking and removing more than 99.9 percent of the listings for the products cited by the DOJ, including millions of listings each year.”

Last year eBay issued a directive announcing that products that bypass, defeat, or render inoperative emission-control systems aren’t allowed, either on their own or when combined with other hardware or software.

Apparently, the policy was not properly enforced, or someone is fishing. Whatever the reason, it is clear that eBay’s attempt to ban the sale of emissions-delete items in an attempt to cover its own back didn’t work out. We have reported about other aftermarket companies being fined, but it sounds like those might be minute compared to the potential $1.9 billion that eBay could face if the lawsuit defense doesn’t pan out in their favor. We’ll have to watch and see how this plays out.