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November 2, 2015: Volkswagen Scandal Grows

For a second time, the U.S. Environmental Protection Agency (EPA) alleges that attempts by the Volkswagen Group (VW) to cheat vehicle emissions testing have been uncovered, this time in more Audi models and a high-end Porsche model. According to the EPA, just as with the initial Volksagen emissions scandal, these vehicles have been installed with “defeat device” technology with the intent to bypass EPA emissions standards.

To read the entire November 2, 2015, EPA Notice of Violation (NOV) to Volkswagen, please see Volkswagen EPA Violation.

The EPA alleges that “defeat device” technology has been detected in the diesel versions of the 2014 VW Touareg, the 2015 Porsche Cayenne and the 2016 Audi A6 Quattro, A7 Quattro, A8, A8L and Q5. This expanded list of affected vehicles applies to about 10,000 passenger cars in the United States.

The list of affected vehicles covered by both notices is as follows:
• Jetta, 2009 to 2015;
• Jetta SportWagen TDI, 2009 to 2014;
• Beetle, 2012 to 2015;
• Beetle Convertible, 2013 to 2015;
• Audi A3, 2010 to 2015;
• Golf, 2010 to 2015;
• Golf SportWagen TDI, 2015;
• Passat, 2012 to 2015,
• VW Touareg, 2014;
• Porsche Cayenne, 2015;
• Audi A6 Quattro, A7 Quattro, A8, A8L, Q5, 2016.

Volkswagen Defeat Device Scandal Continues To Grow

On September 18, 2015, the EPA issued its first Notice of Violation of the Clean Air Act to Volkswagen and Audi for manufacturing and selling four-cylinder (2.0 liter) diesel passenger cars that contain software that can circumvent EPA emissions standards for certain air pollutants during emissions testing mode. However, on the road these vehicles can emit up to 40 times more pollution than emission standards allow.

On November 2, 2015, the EPA issued a second Notice of Violation of the Clean Air Act to Volkswagen, Audi, and Porsche for manufacturing and selling six-cylinder (3.0 liter) diesel passenger cars and SUVs that also include software to circumvent EPA emissions standards for certain air pollutants. These passenger vehicles emit up to 9 times more pollution than allowed by emissions standards.

The illegal software at the center of the Volkswagen scandal, the “defeat device,” is a type of Auxiliary Emission Control Device (AECD). VW failed to disclose, describe and justify the device in their applications for certificate of conformity for each model. Since this AECD was designed and installed covertly in order to circumvent emissions testing, it is considered an illegal “defeat device”.

Cynthia Giles, Assistant Administrator for the Office for EPA’s Enforcement and Compliance Assurance chastised Volkswagen when the new findings were announced to the public in an EPA press release stating, “VW has once again failed its obligation to comply with the law that protects clean air for all Americans.” She continued with a vow to uncover the entirety of VW’s indiscretions: “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 [CAA], ensure a level playing field for responsible businesses, and to ensure consumers get the environmental performance they expect.”

Volkswagen Deceives EPA, Consumers

In the United States, vehicle manufacturers are required to certify to the EPA that their products will meet applicable federal emission standards pursuant to the CAA. In addition, every vehicle that is sold in the United States must be covered by an EPA-issued certificate of conformity. Manufacturers cannot certify motor vehicles that are equipped with defeat devices. Volkswagen has violated the CAA by making and selling vehicles that produced higher levels of air emissions than were certified to EPA.

VW may be liable for civil penalties and injunctive relief for these violations.

VW Defeat Device Results In Higher Emission Of Dangerous Air Pollutant

The VW defeat device resulted in higher than allowable nitrogen oxides (NOx) to be spewed into the air. The EPA describes NOx as a pollutant that “contributes to nitrogen dioxide, ground-level ozone, and fine particulate matter. Exposure to these pollutants has been linked with a range of serious health effects, including increased asthma attacks and other respiratory illnesses that can be serious enough to send people to the hospital. Exposure to ozone and particulate matter has also been associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly, and people with pre-existing respiratory disease are particularly at risk for health effects of these pollutants.”

Obtain A Free Volkswagen Class Action Lawsuit Case Evaluation

Volkswagen owners purchased their diesel vehicles for a combination of clean emissions, good gas milage, and performance. These owners now face financial loss related to repairs and vehicle loss of value, as well has dealing with the stress of the vehicle recall and repair process. If you or a loved one has suffered damages related to the Volkswagen diesel vehicle scandal, and you would like to learn more about your legal rights, please call The Weinberg Law Firm at 1-877-934-6274. You can also contact our law firm on line by submitting the easy-to-use “Free Legal Case Evaluation Form” found on this page.

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