Fiat Chrysler Automobiles’ last ditch effort to avoid a lawsuit by the United States Department of Justice and the Environmental Protection Agency has failed as both organizations have sued the automaker.

According to the compliant, 104,000 vehicles equipped with the company’s 3.0-liter diesel engine have “software functions” that were not disclosed during the certification process. The Department of Justice goes on to say the models have defeat devices which allow them to pass federal emissions tests while performing “less efficiency” during normal driving.

FCA confirms they have received a copy of the civil lawsuit and are currently reviewing it. FCA added it will “defend itself vigorously, particularly against any claims that the company engaged in any deliberate scheme to install defeat devices to cheat U.S. emissions tests.”

Despite the somewhat testy rhetoric, the Italian-American automaker says it remains “committed to working cooperatively with EPA and CARB (California Air Resources Board) to resolve the agencies’ concerns quickly and amicably.”

As we reported last week, FCA filed an application with the EPA and CARB for a diesel vehicle emissions certification which covered the 2017 Jeep Grand Cherokee and Ram 1500 EcoDiesel. Both models would be equipped with “updated emissions software calibrations” in an effort to appease regulators.

The company also sought to install the revised software on 2014-2016 Grand Cherokee and Ram 1500 models equipped with diesel engines. FCA denied wrongdoing but said the changes should “address the agencies’ concerns regarding the emissions software calibrations in those vehicles.”