A decade has passed since the Dieselgate scandal broke, revealing that numerous diesel vehicles emitted dangerously higher levels of toxic nitrogen oxides (NOx) on the road than during regulatory tests. Despite this lengthy period, the implications for public health and legal accountability in the UK remain profound and unresolved. Experts estimate that excess pollution linked to Dieselgate has already caused approximately 16,000 premature deaths and 30,000 new childhood asthma cases in the UK, with a further 6,000 early deaths projected without urgent intervention. Jemima Hartshorn, founder of the campaign group Mums for Lungs, emphasises the ongoing toll on children’s health, recalling her own daughter’s severe respiratory struggles as a stark example of pollution’s human cost.

The UK lags behind other nations in holding car manufacturers accountable. Unlike the United States, which has secured multi-billion dollar settlements against Volkswagen and other companies, and Germany, where heavy fines have been levied, British authorities have yet to impose fines or mandate mass vehicle recalls to address the scandal’s legacy. Instead, more than a million UK motorists have initiated a massive group legal action against multiple manufacturers—including Mercedes, Ford, Peugeot/Citroën, Renault, and Nissan—alleging the use of illegal "defeat devices" that concealed the true emissions levels of their vehicles. This ongoing trial, representing the largest group claim in English legal history, could span several years, with final judgments and potential compensation still pending.

The defendants deny illegality, asserting these technologies were essential for engine protection and compliance with regulations as interpreted. However, court documents accessed by The Guardian reveal sophisticated software manipulations that ramped up NOx control exclusively during the narrow parameters of lab testing, only to relax those controls during normal driving conditions. These defeat devices exploited test conditions such as fixed speed patterns, temperature ranges, and engine torque thresholds to evade detection. Legal experts argue manufacturers prioritized cost savings and driver convenience — particularly the avoidance of using AdBlue, a urea solution necessary for selective catalytic reduction (SCR) that lowers NOx emissions — over genuine pollution control.

The long delay in enforcement and vehicle remediation exacerbates public health risks. Despite having completed the legal framework since 2021 to compel recalls, the UK government has yet to exercise this power. While 76 models are under investigation, progress remains slow. Environmental lawyers warn the absence of a central, accessible database on vehicle recalls and updates frustrates efforts to monitor and enforce fixes. Additionally, the effectiveness of voluntary software updates implemented by some manufacturers is questioned, with independent tests in the EU showing little or no improvement in emissions following these interventions.

Internationally, several manufacturers have faced substantial penalties. Volkswagen alone has paid over €32 billion in fines, compensation, and legal costs since the scandal’s exposure. Recent settlements include a €54 million agreement with Italian Volkswagen owners and a €100 million fine paid by Continental AG linked to the scandal. European Union rulings now clarify that defeat devices broadly operating most of the time are illegal, not just during tests, reinforcing buyers’ rights to compensation even if vehicles met compliance standards on paper.

This multifaceted crisis — combining regulatory failure, corporate deception, and its grave health consequences — underlines the urgent need for tougher enforcement and concrete action. Respiratory experts like Imperial College London's Professor Nick Hopkinson call Dieselgate a "toxic air emergency," blaming delayed government response for allowing millions of high-polluting diesels to remain on UK roads. Legal experts acknowledge the importance of the current trial but warn that even a successful claim may not automatically lead to cleaner air without strong government-led vehicle fixes.

As the legal process unfolds, claimants like Adam Kamenetzky, a South London father who says he was duped into buying a supposedly low-emission diesel Mercedes, emphasise the social injustice at stake. "I’m not in this for a payout. I’m just staggered by the level of injustice," he told The Guardian. Meanwhile, consumer advocates and campaigners press the government to move beyond prolonged investigations and leverage existing powers to force car manufacturers to recall and repair the millions of polluting vehicles still on British roads. The Dieselgate revelation was a watershed moment a decade ago, but for many affected families and communities, the battle for justice and cleaner air continues.

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Source: Noah Wire Services