Ten Chevrolet Cruze owners in the United States face a lengthy battle in the legal system as their lawsuit against General Motors regains traction nearly a decade after it was initially filed. The plaintiffs accuse GM of employing emissions defeat devices in certain diesel models of the Cruze, mirroring allegations against Volkswagen during the infamous diesel emissions scandal.
The controversy centers on the 2014 and 2015 diesel Cruze models, which the plaintiffs contend were equipped with software designed to manipulate emissions controls. This software purportedly enabled the vehicles to emit nitrogen oxides (NOx) at levels exceeding both what GM advertised and what is permissible under federal Environmental Protection Agency (EPA) standards. The suit claims these emissions would have barred the vehicles from obtaining a Certificate of Conformity, essential for legal sale in the U.S.
Initially filed shortly after Volkswagen’s scandal came to light, the lawsuit alleged significant environmental violations due to emissions cheating. However, over the years, many of the claims were dismissed due to insufficient evidence. A judge also noted that none of the plaintiffs had attempted to rectify their vehicles despite expressing concerns about potential financial losses related to “future attempted repairs.”
This month, the U.S. Court of Appeals for the Sixth Circuit ruled that the case should return to district court for further examination. The appeals court found that some of the fraud claims brought by the plaintiffs may not be preempted by federal emissions regulations or the Clean Air Act, thus allowing the plaintiffs another opportunity to substantiate their claims.
As the case heads back to court, the judge made it clear that no new litigation could be added. The focal point will be whether the remaining claims are subject to preemption. Though the case has lingered for nearly nine years, the plaintiffs hold out hope for compensation and accountability.
Legal professionals and environmental advocates are closely observing this case, which underscores ongoing scrutiny of emissions compliance in the automotive industry. The outcome may not only impact the plaintiffs but could also have broader implications for manufacturers facing similar allegations.
As the legal saga continues, the enduring question remains whether automakers, including GM, will be held accountable for allegations of deceptive practices in emissions testing. With the spotlight on corporate responsibility and environmental protection, the decisions made in court may resonate well beyond the confines of this particular lawsuit.
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