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.