Environmental lawyers reject #German car industry's "pitiful" response to #diesel crisis

Voluntary retrofits for 5 million cars in Germany are a pitiful attempt to absolve the diesel industry, environmental lawyers have said. The solution came out of a “diesel forum” held in Berlin today.

ClientEarth has taken legal action with German organisation DUH in several German regions, over illegal levels of nitrogen dioxide (NO2) pollution, which in towns and cities is mainly caused by nitrogen oxide (NOx) emissions from diesel vehicles.

A Stuttgart judge ruled last week that retrofits are an inadequate solution to the issue. He said the legal duty to protect human health from air pollution demands the immediate introduction of localised diesel bans.

ClientEarth clean air lawyer Ugo Taddei said: “This is a pitiful attempt by a discredited car industry to get itself off the hook for creating an endemic problem. The solution proposed is far too little, far too late.

"The retrofit would cut NOx pollution by a maximum of 30%. That’s a drop in the ocean, considering that Euro 5 and Euro 6 diesel vehicles emit on average 5 to 7 times more NOx than the legal limits. Carmakers have come up with a voluntary programme, without a specified time-limit, meaning that people in Germany will continue to be exposed to illegally high emissions from diesel vehicles.

“Retrofitting has just been deemed an inadequate answer to the air pollution crisis by a German court. It cannot form the backbone of the national response to the problem. The measures announced today clearly do not go far enough to stop our legal actions for the right to clean air in Germany and across Europe. National authorities must roll up their sleeves and truly solve the air pollution problem caused by diesel vehicles in the shortest time possible.”

A Stuttgart judge ruled last week on a case brought by ClientEarth and DUH against the local authorities, saying retrofitting would not solve illegal levels of air pollution in the region.

For clarification on average emission from Euro 5 and 6 vehicles, see this ICCT study:

• the real-world NOx emission factor for Euro 5 passenger cars (as estimated from long-term remote sensing studies and other emission modelling exercises) is approximately 800 mg/km, 4.4 times the Euro 5 limit of 180 mg/km
• estimated real-world NOx emission factor for Euro 6 vehicles is approximately 450–600 mg/km (5-7 times the regulated limit)

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