The U.S. Department of Justice, on behalf of the Environmental Protection Agency, filed a civil lawsuit Monday in federal court in Detroit against Volkswagen.
It alleges that nearly 600,000 diesel engine vehicles had illegal “defeat devices” installed, software that turns off emission control systems during testing, but at other times cause emissions to exceed EPA’s standards, resulting in harmful air pollution.
The lawsuit also alleges that Volkswagen violated the Clean Air Act by selling vehicles that are designed differently from what Volkswagen had stated in applications for certification to the EPA and California Air Resources Board.
The suit was filed against Volkswagen corporate entities in Germany and the United States and its Audi and Porsche brands.
“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.”
The lawsuit was filed because the EPA didn’t think it was making enough progress in negotiations with Volkswagen on how to fix the problem.
“So far, recall discussions with the company have not produced an acceptable way forward,” said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. “These discussions will continue in parallel with the federal court action.”
The lawsuit alleges that during normal on-road driving vehicles with default devices emit oxides of nitrogen at levels up to 40 times the EPA compliance level. The lawsuit covers nearly 500,000 2.0 liter diesel vehicles sold in the U.S. since the 2009 model year.
The complaint also alleges that Volkswagen equipped some 3.0 liter vehicles with default devices that permit oxides of nitrogen emissions of up to nine times the federal standard. The lawsuit covers about 85,000 3.0 liter diesel vehicles sold in the U.S. since the 2009 model year.
Oxides of nitrogen pollution contribute to harmful ground-level ozone and fine particulate matter. These pollutants are linked to asthma and other respiratory illnesses and are also associated with premature death due to cardiovascular disease, strokes, and respiratory causes. Children, the elderly, and people with pre-existing respiratory disease are particularly at risk from exposure to these pollutants.
The lawsuit seeks “injunctive relief” and unspecified civil penalties. It doesn’t preclude the government from filing criminal charges later.
Affected 2.0 liter diesel models and model years include:
- Jetta – 2009-2015
- Jetta Sportwagen – 2009-2014
- Beetle – 2013-2015
- Beetle Convertible – 2013-2015
- Audi A3 – 2010-2015
- Golf – 2010-2015
- Golf Sportwagen – 2015
- Passat – 2012-2015
Affected 3.0 liter 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
