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VW diesel incentives could be fuel for prosecutors

In the 2000s, Volkswagen was among the companies that lobbied the government to get buyers of diesel vehicles a tax credit. The automaker even brought some of these models to Washington to show them to politicians. The incentive eventually passed, and about 39,500 customers of the 2009 Jetta TDI and Jetta SportWagen TDI got a $1,300 benefit – for a total cost of around $51 million. Now, according to Reuters, that politicking might come back to bite the automaker when prosecutors finally get cases to trial. The US Department of Justice, the Environmental Protection Agency, and attorneys general in at least 29 states are already investigating VW, and politicians are pushing for criminal and civil actions against the company. According to Reuters, there could be several legal routes available, too. One option is to bring tax fraud charges, and that would require proving the automaker knew it was making untrue claims about the diesel models. There's also the option of bringing a case under the False Claims Act, which prohibits fraud against the government. According to Reuters, a maximum penalty under the law would be three times the tax credit and another $5,000 for each vehicle that received it. The company is also facing a class-action lawsuit from disgruntled owners. To aid its defense against all of these claims, VW has hired the same firm that worked with BP during the Deepwater Horizon oil spill. Outside of the US, prosecutors in Germany have just started to build a case against former CEO Martin Winterkorn for alleged fraud. In addition to these potential legal penalties, VW could be fined around $18 billion by the EPA for the emissions infractions. The agency's investigation is getting the added backing of its Canadian counterpart. Although, the actual settlement is expected to be far less.

Scott Pruitt unfiltered: EPA administrator talks climate science, car emissions

U.S. Environmental Protection Agency Administrator Scott Pruitt gave Reuters a wide-ranging interview on Monday at his office in Washington, discussing issues from climate science to automobile emissions. The following is a full transcript of the interview: REUTERS: You have said the EPA will focus on a "Back to Basics" approach under your leadership. What does this mean for how EPA enforces polluters? You have been critical of the idea of regulation by enforcement. PRUITT: I think what I'm speaking about, there is a consent decree approach to enforcement, where you use judicial proceedings to actually engage in regulation. Enforcement should be about existing regulations that you're actually enforcing against someone who may be violating that, very much in the prosecutorial manner. As attorney general [in Oklahoma], I lived that. There was a grand jury that I led. Being a prosecutor, I understand very much the importance of prioritization, of enforcing the rule of law, of addressing bad actors. That's something we are going to do in a meaningful way across the broad spectrum of cases, whether it is in the office of air or the Superfund area, or otherwise. REUTERS: Do you want to see states play a bigger role in enforcing polluters, even though some have less of a capacity to do so – financially and personnel wise? PRUITT: I think the state's role is really, when you look at this office working with states, it should be how do we assist, how do we engage in compliance and assistance with states. The office [at EPA that deals with enforcement] is called OECA, the Office of Enforcement, Compliance and Assistance, so those are the tools we have in the toolbox to achieve better outcomes. So what we ought to be doing is working proactively with state DEQs [Departments of Environmental Quality] to get their state implementation plans [for federal regulations] timely submitted, provide assistance and technical support, drive a draft of state implementation plans, and then actually work with them on how to achieve through those plans better outcomes and air and water quality. As far as enforcement is concerned, we will actually work with states. We actually did that recently with Colorado. There was an oil and gas company that was emitting some 3,000 tons, is that what it was, it was quite a bit of ... it was an ozone case. In any event, we joined with Colorado in that prosecution. So sometimes states will do it, sometimes we will join with them.

VW stripped of Green Car Of The Year awards for Jetta, A3 diesels

In the wake of the ongoing VW diesel scandal, Green Car Journal has announced it will rescind the two Green Car Of The Year awards that the Volkswagen Group won with diesel vehicles that have been since been proven to not meet the stated emissions levels. The two vehicles are the 2009 VW Jetta TDI, which won in 2008, and the 2010 Audi A3 TDI, which won in 2010. Green Car Journal (GCJ) did not say if it would retroactively name any replacement winners. This is the first time in the history of the Green Car Of The Year Awards that the honor has been taken away from the winner. In a statement announcing the change, GCJ publisher Ron Cogan wrote that, "this award rescission should not cast a negative light on advanced diesel technology in general. Many diesel models from a variety of auto manufacturers meet EPA and CARB emissions standards, bringing with them higher fuel efficiency, decreased petroleum use, and lower carbon emissions – all important environmental goals." VW AND AUDI RETURNING GREEN CAR OF THE YEAR® AWARDS, VEHICLES DEEMED INELIGIBLE SAN LUIS OBISPO, Calif., Sept. 30, 2015 – Green Car Journal is rescinding the Green Car of the Year® awards previously honoring the 2009 VW Jetta TDI and 2010 Audi A3 TDI, the first time this has occurred in the award program's decade-long history. Audi of America President Scott Keogh has informed Green Car Journal that Audi will return its 2010 Green Car of the Year® award in the wake of Volkswagen Group's admission that it deliberately deceived government authorities about emissions from the Audi A3 TDI. Volkswagen of America has also informed Green Car Journal it will return its 2009 Green Car of the Year® award for the VW Jetta TDI. "Rescinding the Green Car of the Year® awards for the VW Jetta TDI and Audi A3 TDI is unfortunate but appropriate," said Ron Cogan, editor and publisher of the Green Car Journal and CarsOfChange.com. "These models were selected as Green Car of the Year® above others for compelling reasons, including high fuel efficiency, reduced carbon emissions, a fun-to-drive nature, and the ability to meet 50 state emissions requirements with advanced diesel technology." However, VW Group has now admitted that its software programming intentionally caused in-lab emissions testing to read significantly lower nitrogen oxide emissions than these vehicles actually produced on the road.