Department of Transportation

Volkswagen Environmental Mitigation Trust Settlement


In 2016, the United States, on behalf of the United States Environmental Protection Agency (USEPA), filed a complaint against Volkswagen (VW) entities alleging violations of the Clean Air Act regarding approximately 590,000 diesel vehicles sold in the United States. The Subject Vehicles included specific models equipped with 2.0 and 3.0-liter diesel engines. Specifically, the complaint alleged that each of these vehicles contains certain computer algorithms and calibrations that cause the emissions control system of those vehicles to perform differently during normal vehicle operation and use than during emissions testing. The complaint alleged that these computer algorithms and calibrations are prohibited defeat devices under the Clean Air Act, and that during normal vehicle operation and use, the cars emit levels of oxides of nitrogen (NOx) significantly in excess of the USEPA compliant levels. NOx is a pollutant of serious public health concern.

Beneficiary Mitigation Plan

This Beneficiary Mitigation Plan generally lays out the proposed use of West Virginia’s Mitigation Trust allocation and targets certain mitigation goals related to NOx emissions. This Plan is intended to provide the public with insight into West Virginia’s high-level vision for use of the mitigation funds. It also includes principles to maximize public health and environmental benefits, and to focus air quality improvement towards communities that have historically borne a disproportionate share of air pollution and to substantially reduce harmful air pollutants beyond nitrogen oxides. Plan priorities guide selection of projects that emphasize meeting these goals.

The Complete Beneficiary Mitigation Plan Is Available Below For Review And Comment.

State of West Virginia Benificiary Mitigation Plan Draft (2.93 MB PDF)

Public participation is vital to this process and all comments are welcomed and encouraged during this comment period.


Comments are being accepted online. Comments are due by Thursday, May 23, 2019. 
The West Virginia Department of Transportation will, upon request, provide reasonable accommodations including auxiliary aids and services necessary to afford an individual with a disability an equal opportunity to participate in our services, programs and activities. Please contact us at (304) 558-3931. Persons with hearing or speech impairments can reach all state agencies by calling (800) 982-8772 (voice to TDD) or (800) 982-8771 (TDD to voice), toll free.

If You Want More Information

USEPA Information Regarding the Environmental Mitigation/Mitigation Trust Portion of the Settlement
Volkswagen’s own public information regarding the action.
Information Clearinghouse for State and Local Governments


Contact for more information.