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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.

A fix and buyback program for Audi V6 diesels may be on the way

While Volkswagen reached a settlement to buy back 2.0-liter diesel inline-fours with emissions defeat devices, the roughly 80,000 cars with 3.0-liter diesel V6s built by Audi have yet to be addressed. But a new report from Bloomberg indicates that a solution is near. The publication says that sources familiar with the situation say the company has a fix ready for the majority of the cars, and that the EPA and California Air Resources Board are ready to approve it. According to Bloomberg, this fix would involve a software update and would work for about 60,000 of the Audi A8, Q5, Q7, Porsche Cayenne, and VW Touareg models with the engine. The rest of the vehicles won't be fixable without major modification, so those would have to be purchased back from the owners. Bloomberg does point out that approval from the EPA and CARB are only one piece of the puzzle. The publication said that this deal has yet to be approved by owners of the cars and the Federal Trade Commission, both of which may demand that VW offer a buyback to all owners, even those whose cars can be fixed. The good news for owners of VW products with this engine, is that they should have some closure pretty soon. And owners that still like their diesel V6 can take solace that they might actually be able to get them fixed, as opposed to owners of the 2.0-liter diesels. VW offered buybacks to owners of all 475,000 cars with the turbo four-cylinders, or a fix when it's available. However, there have been no signs of an approved fix. Related Video: News Source: Bloomberg via Automotive NewsImage Credit: Sebastian Blanco Government/Legal Green Audi Porsche Volkswagen Diesel Vehicles vw diesel scandal audi diesel

Volkswagen pushed back against Takata airbag recall

Volkswagen and Audi will recall about 850,000 vehicles in the US to replace their Takata-supplied driver side airbag inflators, but the automaker doesn't believe the safety campaign is entirely necessary. In a letter to the National Highway Traffic Safety Administration, the company pushes the agency to re-evaluate the recall's scope because the parts are allegedly safe, it claims. VW asserted in the letter, which NHTSA posted online (as a PDF) with other documents about the company's safety campaign, that the vast majority of the automaker's recalled vehicles used Takata inflators from the supplier's factory in Freiburg, Germany. Only the US-built Passat had components from Takata's plant in Mexico. VW's argues to NHTSA that its recall is unnecessary because there are no reported airbag ruptures in the German-made parts, and the plant has better quality control than Takata's factories in the US and Mexico. In addition, the Mexico-manufactured components in the Passat are also allegedly safe because they come from a time after significant upgrades to the plant to address humidity and welding concerns. "We do not believe the facts known to date support the scope as defined in the Takata defect notification," VW's letter says. To be clear, VW is not refusing the Takata recall and plans to fix the affected vehicles. Instead, this letter shows the automaker expressing an opinion that NHTSA's scope for the campaign is too broad. VW now plans to do its own analysis on the inflators to strengthen that case, according to The Detroit News. "We respectfully request that, should such results be shown, the agency work with Volkswagen and other manufacturers to revisit the scope of these recalls," the letter said. Takata's recalled inflators use ammonium nitrate as a propellant, and experts believe that long-term exposure to high humidity can make the chemical more likely to cause a rupture during airbag deployment. The spray of metal shrapnel from the exploding parts has links to at least 10 deaths. Related Video: