Court Approves VW Trust Agreement

September 19, 2017 – The U.S. District Court of the Northern District of California, San Francisco Division approved the trust agreement for the Volkswagen (VW) Environmental Mitigation Trust and is sending it back to the parties (VW and California) for final signature.  Once it has been signed (which must take place within approximately two weeks), it will be filed in court, thus establishing the Trust Effective Date (TED). The TED is the starting point for deadlines under the trust, including the provision that states have 60 days from the TED to apply for beneficiary status.  The Environmental Mitigation Trust is the result of enforcement actions against automakers Volkswagen AG, Audi AG (a subsidiary of Volkswagen) and Volkswagen Group of America (collectively referred to as VW) for allegedly equipping approximately 500,000  light-duty diesel vehicles with 2.0-liter (2.0L) engines in the U.S., from model years (MY) 2009 through 2015, and approximately 80,000 3.0-liter engines from MY 2014-16 with software intended to impede, or “defeat,” emission control devices during normal driving situations.  These devices are designed to sense when a vehicle is undergoing the Federal Test Procedure and, at that time, turn on full emission controls.  The use of such “defeat devices” is illegal under the Clean Air Act.  The results of these actions include consent decrees that, among other things, provide funds to states address the excess emissions of nitrogen oxides resulting from the violations.  For further information:  https://www.cand.uscourts.gov/crb/vwmdl and http://vwclearinghouse.org.