County joins class action suit against Volkswagen

By Bobby Horn Jr.
news@casscountynews.com

In January, the State of Texas joined a multi-state class action lawsuit against Volkswagen AG, over accusations that the car manufacturer used rigged software to bypass state emission tests in some of its diesel vehicles. 
More than 250 lawsuits, in at least 38 states, have been filed as consumer class actions in U.S. Federal courts claiming fraud.
Last week, Cass County joined the list of plaintiffs by filing a petition with the Fifth Judicial District Court to join with the State of Texas, “acting on behalf of the Texas Commission on Environmental Quality a Necessary and Indispensable Party vs. Volkswagen Group of America, Inc.; Audi of America, Inc.”
Cass County Judge Becky Wilbanks compared the size and scope of the lawsuit to the lawsuits of the 1980s and 1990s against “Big Tobacco” which eventually saw judgments totaling more than $100 Billion.
She said that because the car manufacturer deliberately misled consumers by allowing vehicles on the road that did not meet state air quality standards, county residents suffered from the higher emissions.
According to the county’s petition, “Volkswagen’s deceptive acts have undermined Cass County’s efforts to maintain air quality, and protect our citizens.” 
In the lawsuit, the county accuses Volkswagen of multiple actions including “causing, suffering, allowing, and/or permitting the emission an air contaminant without authorization of a TCEQ rule or order” as well as “permitting one or more person(s) …to operate motor vehicle engine without the device in good operable condition.”  
The county is seeking penalties “between $50 and $25,000 for each day and act of violation, with each daily violation of each statutory provision being a separate violation” as well as “reasonable attorney’s fees, costs of court and reasonable investigative costs incurred in relation to this proceeding.” 
On Sept. 18, 2015 the federal Environmental Protection Agency announced that Volkswagen installed software in vehicles which was designed to fool testing machines into showing inaccurate emissions.  The company later admitted that 11 million vehicles, five million in the U.S., were affected.
Texas Attorney General Ken Paxton said that while passing emission test in a laboratory setting, during normal operations the vehicles produced up to 40 times the legal limit nitrogen oxides.