CARB, EPA, and DOJ all believe that the excessive emissions, which were produced from VW's TDIs, did have a impact on the public's health and that those health impacts are quantifiable. Back when the scandal first broke there were several articles which focused on how they could measure the damages and its impact on the planet and public.
Here is an article from Fortune which describes how one could measure that info: http://fortune.com/2015/09/30/volksw...-consequences/
In crimes against the environment, it’s sometimes difficult to calculate who is affected and how substantial the damages are. However, it is possible to estimate the damages, based on our understanding of the atmosphere and of how pollutants affect human health.
My analysis shows that Volkswagen’s deception — which resulted in emissions 30 to 40 times allowable levels when driving — could exceed $100 million in economic costs from health damages. This staggering sum hints at the scope of the consequences of just one case of corporate cheating.
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My analysis shows that Volkswagen’s deception — which resulted in emissions 30 to 40 times allowable levels when driving — could exceed $100 million in economic costs from health damages. This staggering sum hints at the scope of the consequences of just one case of corporate cheating.
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The defense VW has employed isn't really intended to be used to defend the company's actions over the diesel emissions scandal, but it is instead merely a last ditch effort to delay the proceedings as long as they can. Basically, VW is trying to use any technicality which they can to justify buying more time, the same way a criminal defense attorney will use anything they can to delay the court proceedings to buy their client more time against a long prison sentence or death penalty. VW and its legal team know exactly what they're doing, and so far it has been working for them because they've gotten the extra time they have requested. Hopefully, Breyer will eventually put an end to these tactics so the settlement can get finalized.
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