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Environmental & Energy

Apr. 24, 2023

VW asks that last emission tampering claims be dismissed

Senior U.S. District Judge Charles R. Breyer did not seem to lean toward either party during oral arguments Friday, but did ask whether the plaintiffs could pursue tampering claims against Volkswagen if the company’s alleged conduct led to a reduction in harm.

Volkswagen asked a federal judge in San Francisco on Friday to dismiss the tampering and nuisance claims of the remaining government agency plaintiffs in the clean diesel multidistrict litigation. The company argued it had reduced emissions when it replaced engine control unit software in car models that had allegedly cheated emissions numbers during testing.

However, the plaintiffs — Salt Lake County, Utah and the Environmental Protection...

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