US Supreme Court - Cities and Counties can Sue for Environmental Damage

Social Rights Law handles the last VW  TDI consumer case in California and the Country.  The Focus of this case is "Public Nuisance" damages for Cities and Counties of California for Post Sale Emissions Tampering of Defendants beginning in July 2012 and continuing forward. 

On November 15, 2021:  The US Supreme Court denies VW'S Appeal, paving the way for Cities and Counties to seek environmental and human health penalties and damages for post-sale emissions tampering.

 VW v. County of Hillsborough, US Supreme Court Letter to Ninth Circuit Court of Appeals (November 15, 2021)

October 15, 2021: New Hampshire and Montana settle with VW for post-sale emissions tampering in the amount of $280 for each VW TDI registered within their jurisdiction.  There are 85,000 VW TDIS registered in the Cities and Counties of California.

Montana.gov (October 1, 2021); Reuters (October 1, 2021)

On June 1, 2020:   The Ninth Circuit Court of Appeals rules that Cities and Counties can sue VW for post-sale emissions violations.  Any City or County that has not sued is time barred from doing so.

Hillsborough County v. VW  No. 18-15937

On September 18, 2018:  The three year Statute of Limitations within which California Cities and Counties must sue VW expires. 

California Code of Civil Procedure Section 338.

January 11, 2017: VW pleads Guilty to crimes of Conspiracy to Commit Fraud, Obstruction of Justice and Entry of Goods by False Statement regarding each VW TDI imported into the US.

United States of America v. VW  No. 16-CR-20394

June 30 2016:  Kamala Harris then Attorney General of California enters into the first of three Consent Decrees with VW on behalf of the State of California.. 

February 1, 2016:  Plaintiffs sue VW, BOSCH and auto dealer/mechanic BOB BAKER VW on behalf of the Cities and Counties of California for public nuisance damages related to post-sale emissions tampering..

Mahan v. VW - February 8, 2016.  

January 12, 2016: CARB issues a Second Notice of Violation (NOV) regarding VW, setting forth the environmental harm the VW TDI caused.

Public Records VW TDI - January 12, 2016 

September 18, 2015:  California Air Resources Board issues a Notice of Violation (NOV) to VW.  Among the findings are that the Post Sale Emissions Tampering Recalls resulted in VW TDI'S continuing to emit up to 30 times the allowed nitrogen oxide (NOx).

Public Records VW TDI - September 18, 2015, Page 2

July 23, 2015: CARB In-Use Emission Testing on VW TDI, Pre-Recall and Post Recall comparison, and summary that the Recall did not repair excess emissions.

Public Records VW TDI - July 23, 2015

April 24, 2015: CARB correspondence discussing VW'S two post sale emissions recalls.

Public Records VW TDI - April 24, 2015

April 7, 2015: CARB correspondence to VW confirming voluntary emissions recall.

Public Records VW TDI - CARB to VW April 7, 2015

April 7, 2015: VW begins bogus recall and repair of California VW TDIS. 

Public Records VW TDI - VW Recall April 7, 2015.

February 27, 2015: VW proposes a second bogus post-sale Emissions Service Actions.

Public Records VW TDI - Recall March 3, 2015.

December 1, 2014:  Draft of VW'S bogus post-sale Emissions Service Action.

Public Records VW TDI - December Recall ECM Software

November 26, 2014:  VW proposes bogus post-sale Emissions Service Action to be implemented in January 2015.

Public Records VW TDI - November 26, 2014.

October 1, 2014:  VW provides CARB a bogus emissions evaluation regarding Nitrogen Oxide (NOx) Emissions. 

Public Records VW TDI - October 1, 2014.

July 19, 2012: Bob Baker VW repairs a faulty BOSCH made Oxygen Sensor and reset a BOSCH made ECM Code that was "sensor stuck rich" on Plaintiffs VW TDI.  FIRST INCIDENT OF DELIBERATE POST SALE EMISSIONS TAMPERING ON BEHALF OF ALL DEFENDANTS.

Mahan v. VW Exhibit E.

March 2011: Plaintiffs' purchase VW TDI reliant on "Clean Diesel" marketing from Bob Baker VW in Carlsbad, California.

Mahan v. VW Exhibits A, B and C

July 14, 2010: CARB issues Executive Order No. A-007-0292 providing that 2011 VW TDI'S meet California Emissions Standards and may be sold in California.

Public Records VW TDI - 2011 VW TDI Executive Order

2009-2015: VW designs, manufacturers, imports and sells VW TDIS (Golfs, Jettas & Passats) claiming their "Clean Diesel" engines comply with California and U.S. air pollution laws:

• 11,000,000 cars sold Worldwide
• 600,000 cars sold in the US
• 85,000 cars sold in California

April 1, 2009: BOSCH holds "California Diesel Days" a two day program wine and dining: CARB, California DOT and the Governor's Staff, and selling them on "Clean Diesel."

BOSCH 2009 "California Diesel Days"

June 7, 2005: VW enters Consent Decree as a result of deliberate emissions violations and promises no future emissions violations.

US v. VW Consent Decree, Page 6, Paragraph 6