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US prepares to sue Fiat Chrysler over diesel emissions testing

NEW YORK - The Justice Department plans to file a civil lawsuit against Fiat Chrysler Automobiles NV over excess diesel emissions as early as this week if no agreement is reached with the Italian-American automaker, two sources briefed on the matter said on Wednesday. The Environmental Protection Agency in January accused FCA of illegally using undisclosed software to allow excess diesel emissions in about 104,000 cars and SUVs, the result of a probe that stemmed from regulators' investigation of rival Volkswagen AG. The EPA and California Air Resources Board have been in talks with FCA about the excess emissions and whether the agencies would approve the sale of 2017 FCA diesel models. A federal judge in California has set a May 24 hearing on a series of lawsuits filed by owners of vehicles against Fiat Chrysler and the Justice Department is expected to file its action by then if no agreement is reached. FCA said on Wednesday it believed that any litigation would be "counterproductive" to ongoing discussions with the EPA and California Air Resources Board. The company added that "in the case of any litigation, FCA US will defend itself vigorously, particularly against any claims that the company deliberately installed defeat devices to cheat U.S. emissions tests." The Justice Department took the same procedural step in early 2016 against Volkswagen, nearly four months after the German company admitted using software to emit excess diesel emissions in nearly 500,000 vehicles. The Justice Department has had an ongoing criminal investigation into FCA's conduct since last year, Reuters reported in January. The probe has turned up internal emails written in Italian and other documents about engine development and emissions issues, sources briefed on the probe said. U.S. regulators said FCA failed to disclose engine management software in 104,000 U.S. 2014-2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks with 3.0-liter diesel engines. The European Commission has launched legal action against Italy for failing to respond to allegations of emission-test cheating by Fiat Chrysler in a procedure that could lead to the country being taken to court. The EPA has said the maximum possible fine against FCA could be $4.6 billion. In February, FCA said it had received requests for information and subpoenas from U.S. federal and state authorities, including the Securities and Exchange Commission, for diesel issues.

VW decides against active-cooling system for e-Golf lithium battery

When the 2015 VW e-Golf was introduced at the LA Auto Show last year, VW said it would come with a water-cooled battery. During the Detroit Auto Show, when the car was trotted out again, VW released a new press release that stripped out the "water-cooled" language, but this change went unnoticed. During a recent VW event in Germany, a friend from Green Car Reports realized that the battery on display did not seem to have any water-cooling mechanisms. That set us off on a bit of a sleuthing and we have now learned that VW is not going to include any active cooling in the upcoming e-Golf. In fact, the company is entirely confident that this car - because of what it's designed to do - doesn't need it. "The need for a cooling system wasn't there" - VW's Darryll Harrison VW has been working on an electrified Golf for ages now, and so changes to the plan are to be expected. But battery cooling is vitally important not just to keep the car operating properly but because when things get too hot, there can be serious public relations problems. Nissan began testing a new battery chemistry for the Leaf in 2013 after an uproar from warm-weather EV drivers in Arizona who were experiencing worse-than-expected battery performance. The Leaf has always used an air-cooled battery, which is another way to say that there is no active cooling system (more details here). Tesla CEO Elon Musk once said this approach is "primitive." So, why is VW following the same path? We asked Darryll Harrison, VW US's manager of brand public relations west, for more information, and he told AutoblogGreen that VW engineers discovered through a lot of testing of the Golf Mk6 EV prototypes, that battery performance was not impacted by temperatures when using the right battery chemistry. That chemistry, it turns out, is lithium nickel manganese cobalt oxide (NMC) in cells from Panasonic. These cells had "the lowest self-warming tendency and the lowest memory effect of all cells tested," Harrison said. He added that VW engineers tested the NMC cells in places like Death Valley and Arizona and found they didn't warm very quickly either through operation, charging (including during fast charging) or through high ambient temps. "The need for a cooling system wasn't there," Harrison said.

EPA discovers defeat device in more VW TDI engines

In a sternly worded letter, the United States Environmental Protection Agency has issued a new set of allegations against Volkswagen claiming that so-called emissions defeat software has been found in the company's 3.0-liter TDI V6 diesel engines. This is a completely different engine than the 2.0 TDI that has already been identified as an emissions cheater. In addition to VW, the EPA has included Audi and Porsche in this notification, as the non-compliant engine has been used in vehicles from all three manufacturers from model years 2014 through 2016. The EPA claims that cars equipped with the 3.0 TDI engine know when they are being tested for emissions, and their on-board computers switch into a mode designed to pass the stringent requirements in the United States for diesel exhaust. Vehicles sold in the United States with this engine include the 2014 VW Touareg, 2015 Porsche Cayenne, and 2016 Audi A6, A7, A8L and Q5. The EPA says there are 10,000 vehicles currently on the road with this second defeat device, along with an unknown number of 2016 models either on dealer lots or in the driveways of consumers. According to the EPA, VW's 3.0-liter TDI, like the 2.0 TDI that was found to circumvent US regulations, has code in its computer specifically written to intentionally put the vehicle's engine into a mode that allows it to meet exhaust requirements. When the vehicle is unhooked from testing equipment, it will go back into a mode that emits nine-times higher nitrogen oxide emissions than is allowable under US law. "VW has once again failed its obligation to comply with the law that protects clean air for all Americans," said Cynthia Giles, Assistant Administrator for the Office for EPA's Enforcement and Compliance Assurance. "All companies should be playing by the same rules. EPA, with our state, and federal partners, will continue to investigate these serious matters, to secure the benefits of the Clean Air Act, ensure a level playing field for responsible businesses, and to ensure consumers get the environmental performance they expect." Richard Corey, Executive Officer of the California Air Resources Board, said in a statement, "Today we are requiring VW Group to address these issues. This is a very serious public health matter. ARB and EPA will continue to conduct a rigorous investigation that includes testing more vehicles until all of the facts are out in the open." This story will be updated as new information becomes available.