Department of Transportation

Volkswagen Environmental Mitigation Trust Settlement

The Volkswagen Environmental Mitigation Trust will provide funding to states and Indian Tribes to take actions to reduce nitrogen oxide (NOx) emissions from diesel vehicles and equipment. The Trust was established as part of a Consent Decree to settle lawsuits alleging that Volkswagen AG, Audi AG, Porsche AG, and their subsidiaries used emission test “defeat devices” in certain 2.0L and 3.0L diesel vehicles sold in the United States, resulting in excess diesel emissions that allegedly had adverse impacts on air quality and public health.

The State of West Virginia intends to fully pursue the West Virginia apportionment of the settlement’s $2.7 billion environmental mitigation trust fund.  The State of West Virginia’s allocation is $12,131,842.13 and is based on number of subject vehicles registered in the state. The funds will be administered through a nationwide court appointed Trustee.  West Virginia’s designated lead agency is the Department of Transportation, Division of Highways (DOH).  The DOH will work in close collaboration with the Department of Environmental Protection, Division of Air Quality, throughout this process.

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

Mitigation Plan and Public Comment Period

The State of West Virginia will be preparing a draft Mitigation Plan which will be made available for public review and comment.  The Mitigation Plan will generally lay out the proposed use of the Mitigation Trust allocation and will target certain mitigation goals related to NOx emissions. This Mitigation Plan will be intended to provide the public with insight into West Virginia’s high-level vision for use of the mitigation funds. 

Future Public Information Website

The State of West Virginia will prepare, update, and maintain a publicly available website summarizing trust fund expenditures.  A link to this information will be made available in the coming months.


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