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Volkswagen Sued For Violating State Environmental Statutes With Dieselgate (theverge.com)

The attorneys general of New York, Massachusetts, and Maryland are suing Volkswagen for violating state environmental regulations with its diesel emissions cheating scandal. The states say that the car company has violated their air quality laws, combined with some sort of anti-fraud measure for the defeat mechanisms to bypass emissions testing. The move comes after many states agreed to a $14.7 billion settlement for violating consumer protection and EPA and California state environmental regulations. The Verge reports: "Volkswagen, Audi and Porsche defrauded thousands of Massachusetts consumers, polluted our air, and damaged our environment and then, to make matters worse, plotted a massive cover-up to mislead environmental regulators," said Massachusetts Attorney General Maura Healey in a statement. This was echoed by New York Attorney General Eric T. Schneiderman, who released his own statement saying "the allegations against Volkswagen, Audi and Porsche reveal a culture of deeply-rooted corporate arrogance, combined with a conscious disregard for the rule of law and the protection of public health and the environment."

10 of 123 comments (clear)

  1. Pierce the corporate veil by hwstar · · Score: 5, Insightful

    For blatant environmental disregard such as this, the corporation should not offer protection to the officers and directors. The corporate veil should be pierced, and the state should go after the officers and directors both criminally and civilly. The corporate protection from liability should just be there to protect against legal action arising from unforeseen circumstances in the evolution of a company. In this case, the emissions rules were purposefully disregarded and, there should be a heavy price to pay for that.

  2. Cash Grab by Frosty+Piss · · Score: 4, Insightful

    Sure, what VW did was flaky, bad, evill, and so on. But now we are getting into the "obligitory" cash grab, none of these law suites will result in resources to address "climate change" or give VW owners more than a cupon for a Big Mac.

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    1. Re:Cash Grab by swb · · Score: 3, Insightful

      Fast-forward to some future election...

      "When I was the attorney general, I stood up to crooked multinationals like Volkswagen and I made them pay for the environmental damage they did and their illegal business practices. I have always put the interests of this state first and I always will."

      After the election...

      "Amalgamated Mining, Pipelines and Smelting has been a bedrock of this state's economy for years, and I won't allow the environmental bureaucrats at the EPA to undermine the jobs and economy of this state. Their needless regulation runs counter to the economic security of our state."

    2. Re:Cash Grab by hey! · · Score: 4, Informative

      But now we are getting into the "obligitory" cash grab, none of these law suites will result in resources to address "climate change" or give VW owners more than a cupon for a Big Mac.

      Well, if you'd been following this story you'd know that owners' claims have already been dealt with as part of a fifteen billion (or put another way 6% of the company's annual revenues) settlement. So VW owners' interests are no longer at issue. The same settlement included 2 dollars for clean car research -- although technically that's not a fine, since the products of that research would belong to VW. It also included 2.7 million dollars to the EPA for violating US Federal law. That does NOT settle claims by US States for violating their laws.

      Before I continue, let's put these numbers in context: 10.2 in owner compensation + 2.7 in Federal fines. The context is this: Volkwagen Group has annual revenues of 234 billion dollars and normally keeps over twenty billion dollars in cash on hand. It's enough money to hurt, but it's still pocket change.

      Now in the US states are separate legal entities who can make and enforce their own laws. And this wasn't just a case of the company acting sloppily, or an individual rogue actor, or some weird arcane rule that could be easily overlooked. It was clearly a deliberate company strategy to commit consumer and regulatory fraud in order to gain a market advantage over its law-abiding competitors. It got caught, so now the company has to run the gantlet and take it's wrist slaps from every jurisdiction it broke the law in. If it dies of acute wrist trauma, well it's not as if the company didn't know what it was doing. It took the risk that it could get away with it and it lost. End of story. If they go out of business it's hardly an excessive result given their baldly criminal intentions.

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  3. Dear Editors by Digital+Mage · · Score: 4, Informative

    Please stop using the word "-gate" on any story that has some sort of scandal. Watergate was over 40 years ago....LET IT GO! and just use the word scandal.

  4. Re:Test mode all the time? by Qzukk · · Score: 3, Informative

    It detects that it's running on the dynamometer. You'd have to somehow run it on an actual street to get the non-test-mode results.

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    If I have been able to see further than others, it is because I bought a pair of binoculars.
  5. Re:I hope it fails by MightyMartian · · Score: 3, Informative

    If VW willfully violated some states environmental laws, then why shouldn't those states seek redress?

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  6. Re:NY State Inspections by ledow · · Score: 3, Funny

    The test is different - run on a specimen model of vehicle - and the pollution monitored. It's highly prescribed in terms of how it's run. This happens, then that happens, then that happens.

    The software is built to detect this series of unusual speeds, consistent runs, in a predictable order, and modify its parameters.

    It's the most disgusting kind of "cheat the test" mechanic, which is why they're being screwed to the wall for it. It's not a question of anything being activated, or the software going into a certain mode automatically. It's literally designed to detect the test sequence and then cut its performance on detection so that it passes the test. There is no other reason for that code to exist, and it NEVER activates during normal driving (so the test is entirely useless, yes, but also it's been gamed quite deliberately).

    It goes unnoticed because there's been no retesting of vehicles after the initial certification, except your normal emissions test, which is designed to take account of older, more polluting cars. Nobody is saying the car itself isn't legal to pass emissions tests - they just committed deliberate fraud to get it classed as lower emissions vehicle than it EVER could be in normal use.

    New out of the factory, it's more polluting than it ever is tested to be, even on the regular emissions tests (which are incredibly short-lived anyway), and will only get worse with time and by the time it does fail tests, you are out of warranty and they can just say it's because of how you used the vehicle or bad luck.

    But on the road, under normal usage, it's giving out 20-30 times what it does on the regular emissions tests or on the specimen model tests when the model is generally assessed for taxation, etc. based on its pollution.

  7. Re:Test mode all the time? by WindBourne · · Score: 4, Informative

    The test mode cuts the performance about 20%. IOW, the poor bastards bought a real POS.

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  8. Re: NY State Inspections by edman007 · · Score: 3, Informative

    In most states, including NY, the check is simply an ODBII test. This test simply asks the car for a list of components that need to work to meet emissions and a yes/no/maybe answer for if it's working. If all things work then the car must pass emissions. This is known to be true because the EPA requires that the manufacturer write up a report that proves they tested the emissions and it meets the standards when the emissions components are working and that the computer detects and reports when the emissions components don't work.

    VW's problem is they lied on the report which and actual emissions are not tested for each car.