VW Calls High Court Diesel Case Review Critical, Answering U.S.

Oct. 12, 2021, 5:53 PM

The Clean Air Act blocks state and local anti-tampering suits over emissions software updates, and the U.S. government’s arguments to the contrary “only heighten the need” for U.S. Supreme Court review, Volkswagen AG says in a new brief.

The government acknowledges a court split, VW and related companies say in the brief, filed Monday. “The Solicitor General’s conjecture that this conflict ‘may’ resolve itself because state courts ‘may’ decide to abandon their own precedent and follow the decision below” is “implausible,” VW says.

Meanwhile, other automakers are at risk of state and local suits—and one of the counties suing VW ...

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