US sues VW over emissions-cheating software in diesel cars

[webfact]

US sues VW over emissions-cheating software in diesel cars
By MICHAEL BIESECKER and ERIC TUCKER

WASHINGTON (AP) — The Justice Department sued Volkswagen on Monday over emissions-cheating software found in nearly 600,000 vehicles sold in the United States, potentially exposing the company to billions of dollars in penalties for clean air violations.

The civil complaint against the German automaker, filed on behalf of the Environmental Protection Agency in U.S. District Court in Detroit, alleges the company illegally installed software designed to make its "clean diesel" engines pass federal emissions standards while undergoing laboratory testing. The vehicles then switched off those measures in real-world driving conditions, spewing harmful gases at up to 40 times what is allowed under federal environmental standards.

"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," John C. Cruden, the assistant attorney general for the Justice Department's Environment and Natural Resources Division, said in a statement.

"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," he said.

The company is in the midst of negotiating a massive mandatory recall with U.S. regulators and potentially faces more than $18 billion in fines for violations of the federal Clean Air Act.

The company and its executives could also still face separate criminal charges, while a raft of private class-action lawsuits filed by angry VW owners are pending.

Volkswagen Group of America spokeswoman Jeannine Ginivan said Monday that the company "will continue to cooperate with all government agencies investigating these matters."

In past statements, high-ranking VW executives have sought to blame only a small number of software developers in Germany for the suspect computer code designed to trick emissions tests. The company has hired a U.S.-based law firm to conduct an internal investigation into the scheme. The findings of that review have not yet been made public.

The company first acknowledged in September that the cheating software was included in its diesel cars and SUVs sold since the 2009 model year, as well as some recent diesel models sold by the VW-owned Audi and Porsche brands. Worldwide, the company says cheating software was included in more than 11 million vehicles.

The federal lawsuit alleges that Volkswagen intentionally tampered with the vehicles sold in the U.S. to include what regulators call a "defeat device," a mechanism specifically designed to game emissions tests. Under the law, automakers are required to disclose any such devices to regulators.

Because Volkswagen kept its suspect software secret, the lawsuit alleges the company's cars were sold without a valid "certificate of conformity" issued by EPA to regulate new cars manufactured or imported into the country.

In addition to producing far more pollution than allowed, experts say the excess nitrogen oxide and particulate emissions from the more than half-million VW vehicles had a human cost. A statistical and computer analysis by the Associated Press estimated the extra pollution caused somewhere between 16 and 94 deaths over the last seven years, with the annual toll increasing as more of the diesels were on the road.

"With today's filing, we take an important step to protect public health by seeking to hold Volkswagen accountable for any unlawful air pollution, setting us on a path to resolution," said Assistant Administrator Cynthia Giles for EPA's Office of Enforcement and Compliance Assurance. "So far, recall discussions with the company have not produced an acceptable way forward. These discussions will continue in parallel with the federal court action."

Justice Department officials said on Monday the case was filed in the Eastern District of Michigan because that is where "significant activity" related to the company's cheating scheme occurred. EPA's primary emissions-testing lab is located in Ann Arbor and Volkswagen also has facilities in the Detroit metro area.

However, as the legal case proceeds, the venue is expected to move to Northern California, where hundreds of the class-action cases have been consolidated and state regulators played a key role in uncovering VW's deceptions.


-- (c) Associated Press 2016-01-05 AP

[NeverSure]

Bastards. Bankrupt them.

FWIW, a "class action suit" is a suit filed on behalf of a class of people. In this case the class is buyers. Any award is divided among those in the class. Attorneys have to petition the court to recognize the class and to establish the cause of action. In the instant case the class and cause of action are pretty obvious.

Also there are two distinct terms in the law - void and voidable. Something that's voidable requires further action to void it while something that's void is already void on its face. The Feds are claiming that VW didn't have a valid emissions certificate. What they are saying is that the certificate they got was void on its face due to fraud.

Cheers.

[Seastallion]

The US would have more support from me on this issue if they were themselves responsible as far as carbon emissions go. But they're not responsible at all.

[rustinorman]

What about Animus River mess and S California Gas Co. gas leak??? Sue them too

Edited January 5, 2016 by rustinorman

[Ace of Pop]

The US would have more support from me on this issue if they were themselves responsible as far as carbon emissions go. But they're not responsible at all.

Senators don't drive VW just 7.3 something's

[bark]

The US would have more support from me on this issue if they were themselves responsible as far as carbon emissions go. But they're not responsible at all.

Senators don't drive VW just 7.3 something's

Where does the money go ?

[sanukjim]

Bastards. Bankrupt them.

FWIW, a "class action suit" is a suit filed on behalf of a class of people. In this case the class is buyers. Any award is divided among those in the class. Attorneys have to petition the court to recognize the class and to establish the cause of action. In the instant case the class and cause of action are pretty obvious.

Also there are two distinct terms in the law - void and voidable. Something that's voidable requires further action to void it while something that's void is already void on its face. The Feds are claiming that VW didn't have a valid emissions certificate. What they are saying is that the certificate they got was void on its face due to fraud.

Cheers.

Also besides The US Government"s suit the separate US States will sue VW compounding the money loss.The lawyers will just be getting more wealthy with a fee of about 33/50% of billions.billions. Question ? Could VW file bankruptcy during this time ? I think that they will differently have to sell Porsche and other holdings to stay afloat.

[Ulic]

Bastards. Bankrupt them.

FWIW, a "class action suit" is a suit filed on behalf of a class of people. In this case the class is buyers. Any award is divided among those in the class. Attorneys have to petition the court to recognize the class and to establish the cause of action. In the instant case the class and cause of action are pretty obvious.

Also there are two distinct terms in the law - void and voidable. Something that's voidable requires further action to void it while something that's void is already void on its face. The Feds are claiming that VW didn't have a valid emissions certificate. What they are saying is that the certificate they got was void on its face due to fraud.

Cheers.

Also besides The US Government"s suit the separate US States will sue VW compounding the money loss.The lawyers will just be getting more wealthy with a fee of about 33/50% of billions.billions. Question ? Could VW file bankruptcy during this time ? I think that they will differently have to sell Porsche and other holdings to stay afloat.

I am no lawyer but if they only have to bankrupt the US arm of VW it will be strongly considered. Closing the US plants with a

bankruptcy would also send a clear message. Everyone will suffer. The only winners will be the lawyers.

[sanukjim]

Bastards. Bankrupt them.

FWIW, a "class action suit" is a suit filed on behalf of a class of people. In this case the class is buyers. Any award is divided among those in the class. Attorneys have to petition the court to recognize the class and to establish the cause of action. In the instant case the class and cause of action are pretty obvious.

Also there are two distinct terms in the law - void and voidable. Something that's voidable requires further action to void it while something that's void is already void on its face. The Feds are claiming that VW didn't have a valid emissions certificate. What they are saying is that the certificate they got was void on its face due to fraud.

Cheers.

Also besides The US Government"s suit the separate US States will sue VW compounding the money loss.The lawyers will just be getting more wealthy with a fee of about 33/50% of billions.billions. Question ? Could VW file bankruptcy during this time ? I think that they will differently have to sell Porsche and other holdings to stay afloat.

I am no lawyer but if they only have to bankrupt the US arm of VW it will be strongly considered. Closing the US plants with a

bankruptcy would also send a clear message. Everyone will suffer. The only winners will be the lawyers.

Yes but with the theory that VW knew of the deceit ( they have admitted that it was their engineers doing with out the managers and CEO s knowledge) the suits could be pursued internationally as both a civil and criminal suit.so bankruptcy would have to be done also in Germany.This will get more interesting I am sure.

[Baerboxer]

The US would have more support from me on this issue if they were themselves responsible as far as carbon emissions go. But they're not responsible at all.

So, does that excuse VW for deliberately cheating and lying around the world for years?

Not in my book it doesn't.

[Jonmarleesco]

And does the UK propose to sue VW, too, or will government ministers do what they do best and pretend the issue didn't happen?

[camble]

they have admitted that it was their engineers doing with out the managers and CEO s knowledge) .

That's hilarious. Blame the programmers for writing the code, and they took the initiative while everyone else is trying to cover their ass.