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New Mexico
Environment Department
VW Settlement Page

Volkswagen Settlement

On September 25, 2016 partial Consent Decree in the lawsuit entitled In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Product Liability Litigation was finalized.

On October 2, 2017, the Trust Effective Date was set with the approval of the United States District Court, Northern District of California, San Francisco Division of the finalized trust agreement. The New Mexico Certification of Beneficiary Status, revised with the Attorney General’s signature, were submitted to U.S. District Court of Northern California on November 28, 2017, and to the Trustee (Wilmington Trust, N.A.) on November 29, 2017. The Trustee published the Notice of Beneficial Designation on January 29, 2018. 

The lawsuit addressed Volkswagen’s admission of purposely, and over a sustained period of time, employing prohibited emissions defeat devices on their diesel passenger vehicles that resulted in excess emissions of nitrogen oxides (NOx).

NOx emissions are responsible for increased ozone as well as increased nitrogen dioxide levels, both of which are covered by National Ambient Air Quality Standards because of their effect on human health and welfare, including environmental effects.

Under the Consent Decree, New Mexico is eligible to receive over $18,000,000 to implement projects that reduce emissions of NOx from vehicles. Eligible mitigation projects include projects that reduce NOx emissions in freight trucks; school, shuttle, or transit buses; ferries and tugs; forklifts; electric or hydrogen vehicle charging stations; and airport ground support equipment.  

This page serves as a conduit between the New Mexico VW Settlement Team and the public.  The Team is led by the New Mexico Environment Department and includes multiple partner agencies:

New Mexico’s Draft Volkswagen Mitigation Plan

The New Mexico Environment Department is now seeking public comment on its Draft Volkswagen Beneficiary Mitigation Plan. The Plan summarizes the State’s goals for the allocation of approximately $18 million towards eligible projects to mitigate the excess nitrogen oxide (NOx) emissions caused by Volkswagen’s use of illegal defeat devices in certain diesel vehicles. Once finalized, this plan must be submitted to the Trustee, Wilmington Trust, N.A., before the State will review applications for mitigation projects. 

Draft – VW Beneficiary Mitigation Plan 04102018

Borrador del plan de mitigación de beneficiarios NM 04102018

The New Mexico Environment Department will accept written comments on the plan through 5:00 pm May 14, 2018.  Comments may be emailed to  Written comments may also be mailed to Kerwin Singleton at

Please contact NMED at or (505) 476-4300. 


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