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I say this as someone still driving a pre-emissions-control diesel VW: Volkswagen had long been positioning themselves as the market leader for diesel passenger cars in the US. Nobody else was doing as much to offer diesels across their lineup, or push them as the "green"/economical option. And they have been the biggest manufacturer in Europe for a long time, so it makes sense that the EU came down on them like a ton of bricks too.

There was a period in the early-mid 2000s where their diesels, along with Mercedes, got pushed out of California and CARB-compliant states. The opinion among diesel enthusiasts was that this was intentional on the part of CARB not just over NOx concerns, but also to help the market for hybrids grow. Otherwise, given the TDI's at-the-time superior highway mileage and the then-prevailing diesel prices, the VW diesel would have presented as the superior option to the Prius for a lot of people.

During this period, there was still a lot of pent-up demand for the VW and Mercedes diesels in California. Any car coming from out of state with at least 8,500 miles on the odometer was considered a "used car" and could be registered no matter the powerplant, so there was quite a cottage industry of putting that much mileage on brand-new out-of-state diesels and then turning them around on LA or SF Craigslist. The market here was primed to buy VW, but VW cheated to get in a position to sell new "CARB-compliant" diesels again. I'm not surprised that the prosecutors went after them disproportionately.



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