Comments to DOJ: Coalition Opposes Settlement in VW litigation

Ten groups today, led by the Competitive Enterprise Institute (CEI), submitted comments to the Department of Justice concerning the proposed partial consent decree in the litigation matter over Volkswagen automobile’s circumvention of EPA emissions standards.

As part of a proposed partial consent decree, VW agreed to invest $1.2 billion over ten years “to support increased use of zero emission vehicle (ZEV) technology.” The court must now review this settlement to ensure it is “fair, reasonable, and equitable.”

The coalition submitting comments today says the court should not approve the ZEV investment component of the proposed partial consent decree for four reasons:

  1. The ZEV plan shares no connection with the underlying violation;
  2. The court does not have jurisdiction to approve the ZEV plan as injunctive relief;
  3. The court could not approve the settlement without taking part in unconstitutional legislating;
  4. The Obama administration’s attempt to enact industrial policy through a negotiated settlement—i.e., the ZEV plan— works against the public interest.

Members of the coalition are:

Competitive Enterprise Institute

American Commitment

Americans for Prosperity

Freedom Works

Frontiers of Freedom

Heartland Institute

Institute for Energy Research<

Rio Grande Foundation

Science and Environmental Policy Project

Taxpayer Protection Alliance

See the comments here.