Currently reading: £61bn legal action against VW begins in USA
600,000 cars alleged to have breached regulations in USA; fines of up to £25,500 per car possible

The Department of Justice in the United States has filed a court action against Volkswagen, alleging that nearly 600,000 Audi, Porsche and Volkswagen cars had illegal defeat devices enabled.

The action opens the way for fines being imposed against VW. This could be as high as £61 billion if the maximum fine of up to £25,500 per vehicle is imposed.

The complaint was filed on behalf of the Environmental Protection Agency (EPA), and alleges that the VW Group's actions not only led its vehicles to "cause emissions to exceed its standards", but also that VW's actions led it to violate the Clean Air Act "by selling, introducing into commerce, or importing into the United States motor vehicles that are designed differently from what Volkswagen had stated in applications for certification".

The case is related to the USA only, and does not cover the alleged CO2 infingements also uncovered during the scandal.

“Car manufacturers that fail to properly certify their cars and that defeat emission control systems breach the public trust, endanger public health and disadvantage competitors,” said assistant attorney general John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “The United States will pursue all appropriate remedies against Volkswagen to redress the violations of our nation’s clean air laws alleged in the complaint.”

VW responded with a statement, which read: "Volkswagen will continue to work co-operatively with the EPA on developing remedies to bring the TDI vehicles into full compliance with regulations as soon as possible. In addition, we are working with [legal firm] Kenneth Feinberg to develop an independent, fair and swift process for resolving private consumer claims relating to these issues. We will continue to co-operate with all government agencies investigating these matters."

The filing refers both to the EA189 diesel engine derivates that were highlighted when the scandal began, the defeat device for which could reduce emissions from real-world figures by up to 40 times, and 3.0-litre diesel engines which were found to be running a "temperature conditioning" mode to reduce emissions by up to nine times when the car dedected it was undergoing tests.

The filing also highlighted the harm NOx particulates can do, as well as potential damage to ground-level ozone. The statement, which is considered an opening salvo in a case to force VW to pay compensation, read: "These pollutants are linked with asthma and other serious respiratory illnesses.  Exposure to ozone and particulate matter is also associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants. Recent studies indicate that the direct health effects of NOx are worse than previously understood, including respiratory problems, damage to lung tissue and premature death."

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VW is understood to be arguing that the maximum fine would cripple the company, and that its ongoing existence depends on the courts showing leniancy. Even so, analysts are predicting that fines could reach at least £20bn.

The filing, made in Detroit on the eve of the motor show, is a civil complaint. It does not preclude the government from seeking other legal action.

Affected EA189 2.0-litre diesel models and model years include:

VW Jetta (2009-2015)

VW Jetta Sportwagen (2009-2014)

VW Beetle (2013-2015)

VW Beetle Convertible (2013-2015)

Audi A3 (2010-2015)

VW Golf (2010-2015)

VW Golf Sportwagen (2015)

VW Passat (2012-2015)

Affected 3.0-litre diesel models and model years include:

Volkswagen Touareg (2009-2016)

Porsche Cayenne (2013-2016)

Audi A6 Quattro (2014-2016)

Audi A7 Quattro (2014-2016)

Audi A8 (2014 – 2016)

Audi A8L (2014-2016)

Audi Q5 (2014-2016)

Audi Q7 (2009-2015)

 

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catnip 6 January 2016

Whatever you think of the US

Whatever you think of the US emmissions regulations the bottom line is that they are there for all manufacturers to adhere to, so why did VW choose the cheating route? Their total obsession with being number one has been mentioned, but surely its yet another example of the company's approach to engineering: Twin-charger, DSG, and now this show that VW favour the quickest, rather than the best, most thorough solutions, letting the customers be the guinea pigs and take the consequences.
Flatus senex 6 January 2016

Spot On!

catnip wrote:

surely its yet another example of the company's approach to engineering: Twin-charger, DSG, and now this show that VW favour the quickest, rather than the best, most thorough solutions, letting the customers be the guinea pigs and take the consequences.

Like 99% of us I never anticipated this scandal. However had someone posed the question as to which of the major manufacturers was most likely to have done this sort of thing then I would have said "VW on account of their previous form".

Flatus senex 6 January 2016

Spot On!

catnip wrote:

surely its yet another example of the company's approach to engineering: Twin-charger, DSG, and now this show that VW favour the quickest, rather than the best, most thorough solutions, letting the customers be the guinea pigs and take the consequences.

Like 99% of us I never anticipated this scandal. However had someone posed the question as to which of the major manufacturers was most likely to have done this sort of thing then I would have said "VW on account of their previous form".

Campervan 5 January 2016

£61 billion?

I know I have been sampling my wine stock but I cannot make a maximum fine of £25,500 per vehicle on approximately 600,000 cars equate to £61 billion.

My fuddled brain gives a maximum fine of £15.3 billion.

Has Jim Holder been using that special office calculator normally retained solely for calculating journalists expenses or has the office party not ended yet and you lot are more befuddled than I.

topsecret456987 5 January 2016

Look - a lot of lawyers will

Look - a lot of lawyers will get really rich from this. And the US has a lot of lawyers! Remember they are lawyers not mathematicians capable of simple arithmetic. Lawyers need press coverage to get more cases and 61bn attracts more attention than 15bn. Remember also that journalists are writers reporting what was spoken (by a mate of a mate who knows someone who has a mate), and so are also not capable of arithmetic. Besides, if words are spoken, then they have a source and facts do not need to be verified and further. Look at this site full of hearsay and speculation, best demonstrated by the recent rehash of the TVR story. I am looking for a new source of information stories rather than idle gossip juiced up to be sexy!!!! Suggestions?
Harry P 5 January 2016

Department of injustice?

Whilst not wishing to defend Volkswagen for an incredibly stupid decision to cheat these emission tests and sell cars they knew did not comply with an unrealistic target. Has the selling of these vehicles, really put the public health at risk to the tune of £25,500 per car supplied? Whilst these vehicles will have exceeded their clean air laws, would the alternative vehicles a customer might have bought as an alternative, really been that much better for the global environment?
Seems to me that the department for justice are simply trying to cash in on the situation and the Americans are avoiding the real issue of their disregard for efficient use of the Worlds finite resources