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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 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.

VW's credit ratings could take a beating

In addition to a significant drop in its share price already, Volkswagen's diesel emissions scandal is continuing to have major financial repercussions on the German automaker. According to The Detroit News, credit rating agencies like Standard & Poor's and Moody's changed their forecasts on the company to negative, and Fitch has considered doing so, as well. Volkswagen appears to have the money to cover the costs of this ordeal, but the agencies question the effect that this has in the long term. "Moody's concern, however, is that Volkswagen's alleged breach of US environment rules and, especially, the process by which that breach occurred, will have an adverse effect on its reputation and credibility within the global passenger car markets," the company wrote in a note to investors, according to The Detroit News. VW has initially set aside $7.25 billion to fix things, but the potential shakeup of top executives has caused some investor uncertainty, too. The actual costs for VW to deal with this scandal are still unknown. In the US, the Department of Justice has begun a criminal investigation, and with other automakers the government has settled for $900 million against General Motors and $1.2 billion against Toyota. Attorneys general in 29 states have started looking deeper, according to The Detroit News, and regulators in Europe, South Korea, and Canada have commenced their own probes, as well. Related Video: