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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.

ACEEE strips away VW's green car scores

The American Council for an Energy-Efficient Economy (ACEEE) is confirming that the Volkswagen diesel-emissions scandal has put a black mark on its green ratings. As a result, the group is pulling VW diesel vehicles off of its "Green Scores" list because it was recently revealed that VW diesels might be emitting as much as 40 times the nitrogen oxide (NOx) emissions during normal driving as the official test results show. The ACEEE added that other German makers of diesel vehicles' "Green Scores" are safe, for now. Diesels from VW and the company's Audi division didn't exacatly top the ACEEE's list of greenest vehicles for 2015. That honor went to electric vehicles like the Smart ForTwo ED, Chevrolet Spark EV and Fiat 500E. The Toyota Prius C hybrid snuck in at number 4, while the Nissan Leaf battery-electric took the fifth spot. That said, the VW diesels did perform pretty well, according to the group. "These scores are no longer reasonable estimations of the environmental impact of the Volkswagen diesels. Volkswagen's diesel cars have performed well on ACEEE's annual rankings since 2009, hovering just below our list of the top twelve "Greenest" vehicles with Green Scores in the high 40s," wrote Shruti Vaidyanathan, senior transportation researcher at the ACEEE. "However, a 40-fold increase in on-road NOx would mean that these vehicles did not deserve those high Green Scores." For those curious, the Ram 2500 pickup topped the ACEEE's "Meanest" vehicle of 2015, followed by the Chevrolet G2500 Express/GMC Savana. No diesels showed up on that list of environmentally-damaging vehicles. You can read the ACEEE's statement on VW below. Why we are suspending Volkswagen diesel Green Scores on greenercars.org by Shruti Vaidyanathan, Senior Transportation Researcher On September 18th, the Environmental Protection Agency (EPA) slapped the Volkswagen Group with a notice of violation (link is external) of the Clean Air Act for circumventing EPA emission standards for nitrogen oxides (NOx). Volkswagen has now acknowledged using so-called "defeat devices" on its diesel cars that turn on full emissions control technologies while in testing mode but allow the vehicles to emit nitrogen oxide levels up to 40 times the certified level during normal operation.

VW delays new Phaeton flagship sedan

The Bugatti Veyron was a crusade begun by former Volkswagen Group CEO Ferdinand Piech. Even though the old patriarch is no longer with the company and the astonishing coupe is rumored to have never made a cash profit, everyone understands why the car remained in the family and why a successor is on the way. The same can't be said for the VW Phaeton, another one of Piech's pursuits. Thirteen years after the budget brand introduced the now 89,650-euro ($101,000) luxury sedan that competes with other in-house products, no one knows why it lives. Since VW made roughly 4,000 of them last year, the news that it's being delayed won't affect many people. The next-generation Phaeton developed on the MLB platform is apparently ready to go right now, but Bloomberg reports that the bosses have demanded lower production and material costs before it gets a final green light. At the moment the Phaeton is put together by hand by white-gloved technicians, which might sound like a great place to start counting pennies, but again, those technicians only built 4,000 sedans last year. That's fewer than the Eos, which is being retired for slow sales, and VW sold 3,411 Eos models in the US alone last year. Recent hire Herbert Diess is the VW exec in charge of the cost-cutting push. The Phaeton is a grain of sand - but a very important one - on the beach he's meant to conquer: Diess plans to raise VW brand profit to more than six percent by 2018 at the same time there's a group-wide push to save $5.5 billion. That number would more than double the brand's current 2.7-percent profit for 2015 so far, that current number being about half the profit over at struggling French maker PSA Peugeot-Citroen. The new Phaeton's on-sale date had been reported as 2017 or 2018 earlier this year. It isn't clear how long the sedan will be pushed back because of the production changes.