Yes, this is #dieselgate still lingering.
Volkswagen has already agreed to pay over $20 billion in fees.
Local counties are considering suing Volkswagen for tampering with vehicles post-sale.
The danger for Volkswagen and other automakers is very real. It stems from a ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals. It states that local efforts to impose liability over vehicles that were tampered with by VW post-sale. In other words, counties can sue VW for “modifying” their vehicles following the EPA’s decision to update emission systems.
“The Ninth Circuit’s legally flawed decision, unless reversed by the Supreme Court, will create chaos in the auto industry and severely undermine the EPA’s authority,” said a spokesperson for Volkswagen Group of America. “The Ninth Circuit’s decision places no limit on the power of all 50 states and thousands of counties to regulate post-sale auto emissions updates and second-guess the EPA’s determinations.”
Automotive News (subscription required) reports that Daimler AG and Fiat Chrysler, part of Stellantis NV, could face similar claims and be sued by local jurisdictions. At the moment, Volkswagen is facing an emission scandal-related lawsuit brought on by the state of Ohio, and could potentially be sued by local governments from Florida and Utah.
The U.S. Supreme Court, on Monday, asked President Joe Biden’s administration to weigh in on the matter.