Volkswagon Settlement

Questions may be addressed to the North Dakota Department of Health at 701.328.5188, or email Keith Hinnenkamp (khinnenk@nd.gov).


Volkswagen Settlement

On October 25, 2016, a Partial Settlement and Consent Decree was finalized between the US Department of Justice and the Volkswagen Corporation (VW) regarding the installation and use of emissions testing defeat devices in over 500,000 vehicles sold and operated in the United States beginning in 2009. These devices violated the federal Clean Air Act and increased air emissions of the pollutant nitrogen oxide (NOx).

An environmental mitigation trust (trust) has been established as part of the consent decree to provide funds to the states to mitigate the negative air quality impacts of the violations. With the addition of the 3.0 liter vehicle settlement funds, North Dakota’s share of the trust will be up to $8.1 million dollars. The trust establishes a process for states to receive the funds and develop environmental mitigation plans. The trust also identifies the mitigation “actions” or projects eligible for funding.

The Governor’s Office has appointed the North Dakota Department of Health (NDDoH) to develop and implement the environmental mitigation plan for North Dakota. The plan will be based on actions that reduce emissions of NOx and provide the greatest air quality benefit for the public.

What's New

The final version of the state environmental mitigation trust was filed with the Court on October 2, 2017, establishing October 2, 2017 as the Trust Effective Date for the trust. This date is important as it starts the timeline for the actions a beneficiary (state designee) must complete to receive trust funds.

The NDDoH has submitted the information to the Court and settlement Trustee (Wilmington Trust) to officially be named the beneficiary for the State of North Dakota. The Certification for Beneficiary Status form (D-3) signed by the Governor, Attorney General and State Health Officer, was submitted on November 21, 2017. The form is posted below.

The NDDoH is currently completing work on a draft of North Dakota’s environmental mitigation plan required by the state environmental mitigation trust. Once complete, the draft will be posted on this website, and will be accompanied by a public comment period prior to finalization and submission to the Trustee.

Other Information

During the March 1 to March 31, 2017 public comment period, the NDDoH sought public input on drafting North Dakota’s VW settlement environmental mitigation plan. Interested parties were encouraged to provide comments by following the requirements outlined in the partial consent decree. The comment period was not a solicitation for project proposals, but rather an opportunity for the public to provide comments to help guide the development of the mitigation plan.

Additional Resources


Last Updated: 12/01/2017

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