BG&A submitted comments on the Department of Justice’s proposed partial consent decree with Volkswagen, requiring VW to make $1.2 billion in investments to support “Zero Emission Vehicles” (“ZEVs”) powered by electricity.

BG&A argues that as a threshold matter, the court lacks jurisdiction to approve the ZEV-related provisions because they do not restrain future violations, as required by law. Second, BG&A argues that the ZEV-related provisions violate the Miscellaneous Receipts Act, because they augment agency appropriations without Congressional approval and at Treasury’s expense.

Comments on In Re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90-5-2-1-11386 (Aug. 5, 2016)