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newsrel -- Federal court approves $14.7 billion settlement in VW cheating case

Posted: 25 Oct 2016 08:54:02
Please consider the following news release from the California
Air Resources Board:
https://www.arb.ca.gov/newsrel/newsrelease.php?id=870

 
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FOR IMMEDIATE RELEASE

October 25, 2016

NEWS RELEASE 16-70

CONTACT:

Stanley Young
(916) 322-2990
stanley.young@arb.ca.gov


Federal court approves $14.7 billion settlement in VW cheating
case

Pollution mitigation and zero-emission vehicle infrastructure and
outreach projects to be subject of public workshops, comment


SACRAMENTO - US District Judge Charles Breyer today approved a
partial Consent Decree agreed upon by automaker Volkswagen (VW),
the California Air Resources Board (CARB), the Environmental
Protection Agency (US EPA) and the US Department of Justice (US
DOJ). The $14.7 billion agreement is the largest settlement in
history involving an automaker.

VW admitted to CARB engineers in September 2015 that it installed
“defeat devices” that altered the operation of emissions control
equipment in light-duty, 2.0-liter passenger vehicles
manufactured and sold between model years 2009 and 2015. There
are approximately a half-million of these vehicles in the US and
about 71,000 in California.

California will receive about $1.2 billion from the approved
Consent Decree for mitigation of the environmental damage caused
by VW’s deception.  About $381 million  will be spent on projects
to reduce smog-producing pollution, such as incentivizing clean
heavy-duty vehicles and equipment in disadvantaged communities. 
Approximately $800 million dollars (ZEV Investment Commitment)
will be invested to advance California’s groundbreaking Zero
Emission Vehicle (ZEV) programs. VW will make these payments and
investments in installments over several years, and the two sums
together will provide funding to mitigate all past and future
environmental harm, including harm to California’s clean vehicle
market, that resulted from VW’s cheating.  

The state will undertake a public process to allow members of the
Legislature and the public to provide input and comments on
potential projects to be funded by the settlement.

“The court’s approval of the largest settlement for California
under the Clean Air Act sets in motion a public process that will
develop a range of projects to mitigate the harmful health
effects of smog,” said CARB’s Chair Mary D. Nichols. “While we
continue to pursue penalties for these violations -- and a
resolution for 3.0-liter vehicles which were also equipped with
defeat devices -- this decision sends a clear message that
California will continue  to ensure cars and tailpipes meet the
standards designed to protect the public from pollution and
smog.” 

Background
Following publication of a report indicating high emissions from
Volkswagen vehicles in over-the-road testing, CARB conducted a
focused investigation which ultimately led to Volkswagen’s
admissions in September 2015 that the company had installed
defeat devices in all of their diesel vehicles manufactured
between model years 2009 and 2015. Because CARB’s technical staff
played a chief role in revealing VW’s deceit, and due to CARB’s
longstanding role in setting and enforcing tough vehicle
standards, California played a major role in leading, shaping and
structuring the Consent Decree.  In California, VW’s cheating was
particularly harmful, because our air quality is worse than
anywhere else in the nation. Twenty-three million people living
within the nation’s only severe nonattainment areas for ozone
pollution, of which NOx is a primary component, and 12 million
living in areas with nation-leading levels of fine particle
pollution reside in California.
These pollutants cause lung disease, heart disease, and premature
death, especially among our most vulnerable populations. To put
California on track to ensure healthy air for all, California has
adopted the most stringent air quality regulatory and enforcement
program in the United States.

California’s Share of the National Mitigation Trust: 
To address all past and future excess emissions of NOx from the
2.0-liter cars sold in California, under the terms of the Consent
Decree, VW must pay about $381 million over a three-year period
into a trust for projects to replace older and dirtier heavy duty
diesel vehicles and equipment with cleaner vehicles and
equipment, including advanced zero- or near-zero technologies.
This provides an opportunity to focus reductions of emissions in
disadvantaged communities.  Californians will have the
opportunity for public input on potential projects to be funded
with this money.  California’s share of the $2.7 billion
mitigation fund is proportional to its share of the total number
of affected diesel cars. 

ZEV Investment Commitment:
The Consent Decree also requires Volkswagen to invest $800
million dollars in ZEV projects over a 10-year period in
California. Eligible projects under this program include
installing zero-emission vehicle fueling infrastructure (for both
electric and hydrogen-powered cars), funding brand-neutral
consumer awareness campaigns to increase the zero-emission
vehicle market, and investing in projects such as car-sharing
programs that will increase access to zero-emission vehicles for
all consumers in California including those in lower-income and
disadvantaged communities. These projects will support the next
generation of zero-emission vehicles that will be sold in
California, helping to grow the state’s burgeoning ZEV program,
and will help lay the zero-emissions foundation for achieving the
State’s air quality and climate goals.

The Consent Decree does not resolve pending claims for civil
penalties or any claims concerning 3.0-liter diesel vehicles, and
does not address any potential criminal liability.

An FAQ on California’s portion of the settlement is available
here: http://bit.ly/2dFKR1M

Details for car owners and lessees is available here:
https://www.vwcourtsettlement.com/en/
 


California is in a drought emergency.
Visit www.SaveOurH2O.org for water conservation tips.

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