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      09-18-2021, 04:00 PM   #8
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Drives: BMWs for 30 yrs
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Quote:
Originally Posted by chassis View Post
It does have the feeling of double jeopardy.
I thought this as well but the Ohio courts appear to be drawing a very fine line saying the Clean Air Act did not pre-empt state law because it only applies to “new motor vehicles or new motor vehicle engines,” while the Ohio laws extend into used cars (through recalls and updates). Thus, if I'm interpreting this accurately, Ohio can pursue penalties against VW in relation to used cars driven in the State.

Notwithstanding that I agree that if you cheat you ought to pay the price, but then again, where does it end? Seems like a technicality to me to draw this line between new cars/engines and used cars/engines, and substantively it is the for the same crime (i.e., double jeopardy). I'm kind of siding with VW here. They already paid the price and it's déjà vu.
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