That the EU has to sue six countries for violating its air pollution levels demonstrates the vast power auto and energy lobbies exert over governments. But as usual, citizens are likely to bear the burden in the end.
To get very concrete, that translates into to more than 100,000 premature deaths in Germany and more than 70,000 premature deaths in the UK and Italy each (the three top offenders) every year from the two pollutants in question in the new lawsuits — nitrogen dioxide and fine particulate matter.
The simple answer is that if the existing laws were upheld, a lot less.
Governments under the thumb of special interests
Let's take the example of Germany. If you boil down why German cities keep exceeding air pollution limits, one of the main reasons is Dieselgate.
Lest we forget: VW and numerous other automobile manufacturers (including non-German ones) installed a defeat device on emission sensors, allowing diesel cars to cheat on emission tests while still spewing out illegal levels of pollution.
Have those cars been recalled or fixed? No. The vast majority are still driving the streets of Germany today.
VW's emissions scandal plunged the automaker into its deepest crisis ever. It brought with it everlasting damage to VW's reputation and massive fees and penalties — not to mention compensation claims from car owners.
Image: picture-alliance/dpa/J. Stratenschulte
The disaster unfolds — September 2015
About two weeks after Volkswagen admitted behind closed doors to US environmental regulators that it had installed cheating software in some 11 million of its diesel vehicles worldwide, the Environmental Protection Agency shared that information with the public. It was September 18, 2015. The ensuing crisis would eventually take a few unexpected turns.
Image: picture-alliance/dpa/O. Spata
The boss must go, long live the boss — September 2015
Volkswagen's then-CEO Martin Winterkorn (above) had little choice but to step down several days after news of the scandal broke. In September 2015, he tendered his resignation, but retained his other posts within the Volkswagen Group. Winterkorn's successor was Matthias Müller. Until taking the reins at VW, Müller had been the chairman at Porsche, a VW subsidiary.
Image: picture-alliance/Sven Simon
Raiding headquarters — October 2015
Regulators in the US weren't the only ones investigating VW. Authorities in Lower Saxony, the German state in which VW is based, were also scrutinizing the company. On October 8 2015, state prosecutors raided VW's headquarters along with several other corporate locations.
Image: picture-alliance/dpa/P. Steffen
Hell breaks loose — January 2016
On January 4, 2016, the US government filed a lawsuit against VW in Detroit, accusing the German automaker of fraud and violations of American climate protection regulations. The lawsuit sought up to $46 billion for violations of the Clean Air Act.
Image: picture-alliance/dpa/A. Burgi
Quit or forced out? — March 2016
In March 2016, the head of VW in the US, Michael Horn, resigned. In the initial days and weeks after the scandal broke, he was the one US authorities turned to for information. He issued an official apology on behalf of the automaker, asking for the public's forgiveness.
Image: Getty Images/C. Somodevilla
Settlement — October 2016
On October 25 2016, a US judge approved a final settlement that would have VW pay $15.3 billion. In addition, affected cars would be retrofitted with better, non-deceptive hardware and software, or else VW would buy them back completely from customers.
Image: picture-alliance/dpa/P. Pleul
Imitators — July 2017
When dieselgate first emerged in 2015, analysts said it was likely other car makers were also cheating tests. But it wasn't until 2017 that other companies were targeted in probes. In July, German authorities launched investigations into luxury car makers Porsche and Daimler for allegedly cheating emissions tests. Others, such as Audi and Chrysler, have also been hit by similar allegations.
Image: picture-alliance/dpa/F. Kraufmann
Public still supportive — December 2017
Despite dieselgate, VW has managed to keep the emissions scandal from utterly tarnishing its image. According to several polls, between 55 to 67 percent of Germans continue to trust the automaker. In the US, polls show that roughly 50 percent still believe the German company produces worthwhile vehicles.
Image: picture-alliance/dpa/C. Klose
Fuming over monkeys — January 2018
In late January, however, VW suffered another heavy blow over reports that the company experimented on monkeys and made the animals inhale diesel fumes. To make matters worse, a separate experiment that had humans inhale relatively harmless nitrogen dioxide was revealed at the same time. Some media wrongly interpreted this to mean humans were also inhaling toxic fumes.
Image: picture-alliance/dpa/F. Gentsch
Canadian court demands millions — January 2020
Years after the scandal that caused Volkswagen to pay CAN$2.4 billion (US$1.83 billion), a court in Toronto order a further fine of CAN$196.5 million. Volkswagen pleaded guilty of violating in environmental laws. Prosecutor Tom Lemon noted that the fine was "26 times the highest fine ever for a Canadian environmental offence."
Image: picture-alliance/dpa/R. Knipping
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There are a couple of ideas floating around for cleaning up the air, including free public transport for all and strengthening e-mobility. But that's not likely to do the trick.
So what's left? The much-feared diesel car ban, which will forbid all but the newest diesel vehicles from driving in areas with the worst pollution problems.
When I really start to think about it, it makes my blood boil: Taxpayers are to foot the bill for corporate irresponsibility.
But worse: This irresponsibility is truly deadly. Again, it's the citizen — your average Joe or Jane — who breathes this fouled air and becomes ill or worse as a result.
When states fail in their duty to protect people, they need to be held to account.
Notch one up for rule of law
Thanks, judiciary, for thinking of us little guys. We deserve to not become the collateral damage of corporate irresponsibility.
But wait, there's one little detail: No one knows what the outcome will be.
The courts may say that diesel bans are the way to go, which will still screw us consumers over.
So are these lawsuits a good thing? Basically, yes.
It's high time for governments to be forced to tackle the silent killer of air pollution.