VW: First it wasn't us, then it's not so bad

There is news on the VW scandal.  While the company is close(r) to settling with customers and the EPA in the US, strange things are happening in Germany, where the company in response to the Sueddeutsche Zeitung, WDR and NDR is claiming that "no unpermitted defeat devices according to European law existed", but anyhow they are working on fixing the cars in the interests of their customers.  What they want to do is avoid fines and compensation in Europe even though they have more or less agreed to same in the US.

The line they are taking is that the autos met the limits on the test stand and that is all that was required but more interesting is that VW states is going the CO2 is wonderful route

To date there is insufficient information about an actual casual relationship between NOx in the environment and specific medical symptoms. Existing scientific studies do not provide a clear picture about the effects on humans of NOx at concentrations found in the atmosphere and do not allow making definite conclusions about the actual danger.  

SZ had another quote from VW

A serious evaluation of illnesses or even death (from this cause) for different demographic groups is according to our knowledge not scientifically possible"

Although NOx in its various forms is no walk in the park as Eli could tell the bunnies having had a few face fulls of the same, this is just nonsense because the issue is not the concentration of NOx that is blowing out bug (or Jetta or whatever) butts,  NOx is the principal precursor for tropospheric  ozone, and why yes there are serious evaluations of illness and death out there from ozone for the boys from Wolfsburg and lots of studies about how NOx emissions lead to smog and privation.

It would be interesting to actually see the Email that VW sent. Perhaps one of the bunnies can find it, but as the lawyer from one of those suing VW said: first, it wasn't us, then, it's not so bad.

But really this is not so new.  Focus (a German new magazine, somewhat to the right) had a similar story back in June with the title "Crazy trick  argument from VW: There was no defeat device" referring to a brief that the VW lawyers (crafty bastards) had sent to the German Environmental Ministry.  VWs lawyers argue that

One can only talk about a defeat device if the effectiveness of the the emission control system would be reduced during actual driving conditions.  This is, however not the case.

OK, how do they define their way around this.  Easy if you are a VW defeat device denier (D³.  You just point out to the helpful (hopefully) court that

The system which recycles the exhaust gas is not a part of the emission control system.  Thus a necessary condition for legally defining how  a defeat device works figuratively speaking is that normal operation is interfered with

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