In re Volkswagen "Clean Diesel" Marketing, Sales Practices, & Products Liability Litigation

*1042 ORDER GRANTING VOLKSWAGEN’S MOTION TO DISMISS WYOMING’S COMPLAINT

From approximately May 2006 to November 2015, Volkswagen AG conspired to and did defraud the U.S. Environmental Protection Agency (EPA) by surreptitiously installing software 'in its -“clean diesel” vehicles that masked true nitrogen oxide (NOx) emission levels. In response, the U.S. Department of Justice (on behalf of EPA) filed civil .and criminal, actions against Volkswagen to enforce the Clean Air Act (CAA), and Volkswagen ultimately pled guilty to three criminal felony counts and settled the.civil charges in three partial consent decrees. 1

The State of Wyoming now brings claims against Volkswagen based on the operation of the “clean diesel” vehicles within the State.' At least eight other States (and one political subdivision) have filed similar actions in state courts. The question before the Court is whether Wyoming’s action is permitted by the Clean Air Act. For the reasons that follow, the Court concludes that it is not and accordingly GRANTS Volkswagen’s motion to dismiss.

BACKGROUND

I. New Vehicle Certification Process

The Clean Air Act, as amended, vests EPA with significant authority to set…