West Virginia Reaches $2.65 Million Settlement with Volkswagen

West Virginia has reached a $2.65 million settlement with Volkswagen AG and two of its affiliates in a lawsuit over the automaker’s emissions-rigging scandal, state Attorney General Patrick Morrisey announced Tuesday.

Morrisey announced the settlement with Volkswagen and its Audi and Porsche brands.

German automaker Volkswagen admitted rigging diesel emissions technology to pass U.S. smog tests. The lawsuit alleged the scheme led to false advertising because the self-described “clean diesel” engines actually emitted up to 40 times the legal limit of nitrogen oxide.

Volkswagen acknowledged it knowingly defeated the EPA’s testing routine for seven years before being caught by the International Council on Clean Transportation, which hired West Virginia University researchers to test a VW on real roads.

The state filed the lawsuit against Volkswagen in October 2015.

Volkswagen Group of America spokeswoman Jeannine Ginivan said in a statement that the agreement resolves claims asserted by West Virginia related to the diesel case “and is another important step forward for our company and our shareholders.”

Under the settlement, the automakers agreed to refrain from unfair and deceptive practices in future dealings with West Virginia consumers, Morrisey said in a statement.

Morrisey said the settlement saved the state more than $500,000 in legal fees and likely exceeded the payout it would have received in multistate litigation.

“This settlement marks a huge victory for West Virginia consumers,” Morrisey said.

Volkswagen previously agreed to at least $16 billion in civil settlements with environmental authorities and car owners in the United States, and to a $4.3 billion penalty to settle a U.S. criminal investigation.

One Year After Volkswagen Scandal, CAFEE Sees More Innovation But Not More Money

Last fall, Dan Carder’s cell phone started ringing off the hook. The area codes hailed from major U.S. cities. At the time, Carder was working in his lab at West Virginia University, where he is the director of the Center for Alternative Fuels, Engines and Emissions (CAFEE). Annoyed with phone calls, he finally picked up. The reporter on the line, sensing that Carder had no idea that he had broken international news, advised Carder to Google himself. 

With Google’s help, Carder found out that his team’s research – which first discovered that Volkswagen diesel vehicles were releasing higher emissions than advertised – helped reveal that Volkswagen was cheating emissions tests. Since then, Volkswagen has had to pay roughly $15 billion in a federal settlement, and continues to face lawsuits from individual states. Meanwhile, CAFEE has received international attention and is taking on more innovative projects, but Carder’s biggest concerns continue to be keeping his team together and find the funding to pay them. He spoke with West Virginia Public Broadcasting about life at CAFEE, one year after the Volkswagen Scandal. 

Dan Carder Interview Highlights 

On Innovation

The university launched a new initiative called the Innovation Corporation. CAFEE is part of that, and as part of that, the university has made a significant investment, millions of dollars, to open a new facility for us off campus. We’ve always had the desire to do the more fundamental, more leading edge research. Many times we’ve found ourselves unable to do that because when you’re inevitably looking at the bottom line each month, trying to figure out how to pay the staff – so, you know, there are a lot of sleepless nights wondering where am I going to find the money to pay them next month. 

On Keeping the Team Together

We’re a research funding-based organization, so all of our payroll has to come through projects. My number one focus right now is trying to keep our team together. It’s a challenge. The state is at least facing times that don’t look so good, but I’ve got to find a way to, you know, keep Mark here. If I have to do bake sales, or something like that, I’ll learn how to bake this weekend. 

On Why Notoriety Doesn’t Translate into More Funds in Academia

When you submit a proposal, that proposal is reviewed by a number of people. You’re really very objectively assessed based on the idea itself. Just because you happen to be somebody who’s done this or been recognized for something like what we did, that doesn’t make your idea better than the next. 

On Reactions to the Volkswagen Scandal

We’ve had a lot of mixed responses. That was another remarkable thing about this story. We had a lot of private individuals individuals – there were some that were very, very passionate about, you know, “Thank you so much, we feel like we were mislead or deceived because we thought we were not only getting a quality car,” which, they are quality cars. You don’t get to be number one in the world by making a sub-par product. But on the other hand, you had people who were very passionate who thought they were going to get their vehicle taken away. There was someone was going to drive their car through my office and things like that. So, the amount of passion we saw out of individuals sending emails was pretty amazing. 

West Virginia Amends Complaint Over Volkswagen Emissions

The West Virginia attorney general’s office has amended a civil complaint against Volkswagen of America Inc. over the automaker’s emissions-rigging scandal.

Attorney General Patrick Morrisey announced Wednesday the complaint now includes Volkswagen’s parent and its Audi and Porsche brands. The German automaker has admitted rigging diesel emissions technology to pass U.S. smog tests.

The Kanawha County Circuit Court complaint also includes German auto supplier Bosch, which made the “defeat devices” that turned pollution controls on during Environmental Protection Agency lab tests and turned them off on real roads. That allowed the cars to emit more pollution while being driven.

The complaint seeks civil penalties of $5,000 per violation and refunds for West Virginia consumers who bought Volkswagen’s TDI clean diesel vehicles.

A Volkswagen U.S.-based spokeswoman didn’t immediately offer comment Wednesday.

W.Va. Among States Suing Volkswagen

States suing Volkswagen are focusing on the car maker’s advertisements dating back to the 2009 model year describing its vehicles as “clean diesel.”

As part of their legal strategy, attorneys general say each ad that aired or was published represents a deceptive or misleading business practice. Each carries a fine of $5,000 or more.

Volkswagen’s pitches described its diesel cars as good for the environment. They are at odds with the company acknowledging that it put stealth software in millions of vehicles worldwide to cheat on emissions tests. A Volkswagen spokeswoman declined to comment on the claims.

Forty-seven states and the District of Columbia have joined to investigate Volkswagen. California, Texas and West Virginia are pursuing their own lawsuits. The Justice Department and Federal Trade Commission are also involved.

Congressman Thinks WVU Should Benefit from Volkswagen Discovery

During a congressional hearing on Volkswagen’s emissions rigging today a Virginia congressman said he thinks neighboring West Virginia University should benefit from its discovery of Volkswagen’s emissions-rigging scandal.

Republican Rep. Morgan Griffith said the university should receive part of any settlement or fine imposed on VW by the U.S. Environmental Protection Agency.

The university and the nonprofit pollution control advocate International Council on Clean Transportation reported last year that VW cars had significantly higher emissions than allowed by the EPA. The council and WVU reported their findings to the EPA and the California Air Resources Board in May 2014, but VW blamed the problem on technical issues and unexpected conditions. The automaker finally admitted last month it was using a so-called “defeat device” to bypass EPA emission standards for clean air.

W.Va. AG Files Complaint over Volkswagen Emissions

The West Virginia Attorney General’s Office has filed a civil complaint against 

  Volkswagen of America, Inc. over the automaker’s emissions-rigging scandal.

The Kanawha County Circuit Court complaint alleges that the company violated the West Virginia Consumer Credit and Protection Act. It seeks civil penalties of $5,000 per violation and costs related to the investigation, litigation and administration of the matter.

The complaint also seeks refunds for West Virginia consumers who bought Volkswagen’s TDI clean diesel vehicles.

U.S.-based Volkswagen spokeswoman Jeannine Ginivan said Monday that the company doesn’t comment on pending or active litigation.

The German automaker has admitted it rigged diesel emissions technology to pass U.S. smog tests.

Attorney General Patrick Morrisey announced the complaint on Monday in a news release.

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