The Justice Department filed a civil complaint against Volkswagen in federal court in Detroit charging that the German automaker violated the Clean Air Act as almost 600,000 of its vehicles contained “defeat devices” allowing them to skirt U.S. air regulations.
The lawsuit is the latest hit for Volkswagen after months of bad news following the Environmental Protection Agency’s September announcement that the German automaker had been caught cheating emissions tests.
The company is accused of installing software on thousands of “clean diesel” vehicles that could tell when emissions tests were taking place. The software would then switch to a normal mode when tests were done, allowing them to spew about 40 times the legal limit of nitrogen into the atmosphere.
“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 says Volkswagen equipped its 2.0-liter and 3.0-liter, clean diesel vehicles with the defeat device software. In total, about 585,000 vehicles are covered by the lawsuit.
Nitrogen pollution can cause smog pollution and release fine particulate matter into the air. Those pollutants are linked to asthma and other respiratory illnesses that can cause premature death. Children, the elderly and people with pre-existing conditions see increased risk for harm when they are exposed to the pollutants.
The Justice Department is seeking injunctive relief and civil penalties under Sections 204 and 205 of the Clean Air Act.
“Today’s complaint is the first stage in bringing Volkswagen to justice for failing to disclose the defeat device while seeking certification for its diesel vehicles from EPA’s Office of Transportation and Air Quality in Ann Arbor, Michigan,” said U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.
“The alleged misrepresentations allowed almost 600,000 diesel engines to emit excessive air pollution across the country, harming our health and cheating consumers.”
Volkswagen estimates the defeat devices are in about 11 million vehicles worldwide. A recall effort has begun in Europe, but no U.S. recall has been announced.
At a press conference last month, Volkswagen officials said the cheating began in 2005 because engineers could not figure out how to meet stricter U.S. emissions standards. The top company official in North America previously told a congressional committee the defeat devices were the result of “rogue” engineers.
However, company officials say a company culture that allowed employees to break the rules and a lack of accountability led to the scandal.
The EPA and California Air Resource Board are continuing their investigation into the scandal and are expected to work with VW to come up with a plan for a recall early in 2016.
