Tag Archives: Volkswagen

The Challenges of Performance-Based Regulation: Lessons from Two Diesel Emissions Scandals, by Cary Coglianese & Jennifer Nash

by Guest Blogger — Tuesday, June 20, 2017

When the Volkswagen diesel emissions scandal erupted recently—resulting in a precipitous drop in the company’s stock price, the resignation of its CEO, a $14.7 billion judgment against the company, and extensive environmental harm—we were reminded of an eerily similar environmental scandal from about 20 years ago. In 1998, the US Environmental Protection Agency (EPA) brought […]

EPA/DOJ’s Volkswagen Settlement: A Strange Constitutional Creature, by William Yeatman

by Guest Blogger — Tuesday, Feb. 7, 2017

In a previous post on Notice & Comment, I argued that the Obama administration leveraged a judicial settlement with Volkswagen to circumvent the Congress’s power of the purse. In this post, I argue that the same settlement also infringes on President Trump’s Article II authority.   Here’s the backstory. In 2011, President Obama announced his administration’s […]

Executive Lawmaking in EPA-Justice Department-Volkswagen Settlement, by William Yeatman

by Guest Blogger — Saturday, Oct. 1, 2016

On 28th June, the Department of Justice, Environmental Protection Agency, and Volkswagen proposed a judicial settlement to partially resolve the automaker’s Clean Air Act violations associated with the sale of almost 500,000 2.0 liter diesel engines that were equipped with “defeat devices.”   While no one—not even Volkswagen—disputes the company’s misdeeds, the proposed partial consent […]