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Environment & Energy Report

VW Asks For Ninth Circuit Redo on Counties’ Diesel Cheat Suits

July 31, 2020, 3:59 PM

A Ninth Circuit panel’s decision to revive lawsuits against Volkswagen and related companies brought by Florida and Utah counties over alleged diesel-cheat mechanisms was wrong, the companies say in a request for a rehearing.

The Clean Air Act preempts state and county attempts to regulate post-sale emissions software updates, the companies say in a petition filed Thursday.

They want a rehearing by the panel, which acknowledged the potential for “staggering liability” as a result of its decision, or by the full U.S. Court of Appeals for the Ninth Circuit.

Volkswagen settled the Environmental Protection Agency’s criminal and civil actions for...

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