U.S. Government Sues Volkswagen For Clean Air Act Violations

The U.S. government has officially filed a civil suit against Volkswagen for violating the Clean Air Act; the latest step in a saga that has taken several months to unravel and appears to look worse for the car manufacturer at each turn.

The Department of Justice (DOJ), acting on behalf of the Environmental Protection Agency (EPA), has made allegations against the German automaker that mostly stem from the discovery that some of Volkswagen’s cars had “defeat devices” installed. Essentially a defeat device would kick in during an emissions test, to make it appear as though the cars were running at standards that were in accordance with the Clean Air Act. However, when the cars were out on the road, their emissions were significantly higher–in some cases up to 40 times greater than the federal standards allow. The DOJ is alleging that about 500,000 of those were sold in the United States. Volkswagen admitted in September that it was aware of the implications of these devices, and is currently negotiating with American regulators on how to conduct a recall of the affected cars.

The federal civil suit against Volkswagen doesn’t preclude the DOJ from filing criminal charges against the company as well. But given the higher burden of proof needed to prosecute a criminal case, it makes some sense that the civil suit has come first.

Assistant Attorney General John Cruden of the environment and natural resources division at the Justice Department explained the motivations for the lawsuit in a statement released by the DOJ:

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. 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 DOJ also outlined the public health danger that could come from Volkswagen’s deception, warning that it could cause nitrogen pollution, and stating:

NOx pollution contributes to harmful ground-level ozone and fine particulate matter. 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.

Volkswagen will have a hard road ahead when it comes to fighting off this civil suit. Given that it could end with the company paying billions in fines, it’s certainly one to watch.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.