The record breaking recovery figure also includes payment of $128 million in nonconformance penalties by Caterpillar, Inc. under the terms of a consent decree. The decree with Caterpillar was one of seven decrees negotiated with manufacturers of heavy duty diesel engines and resolved allegations that the manufacturers used devices to defeat their engines� emissions control systems in violation of the Clean Air Act. Under six of the decrees, the manufacturers were obligated to meet specified emission standards beginning October 1, 2002 or pay per-engine nonconformance penalties. While other companies met their obligations under the decrees, Caterpillar did not. Caterpillar�s payment of non-conformance penalties serves to level the playing field with those manufacturers who are complying with the terms of the decrees and reinforces the message the Attorney General sent in March to the regulated community that �leveling the playing field� is one of his three top civil environmental priorities.