Burnet County and other parties still are standing in line to settle a lawsuit against Volkswagen, the global automobile manufacturer.
The ongoing “clean diesel litigation” against Volkswagen focuses on attempts the automobile manufacturer made several years ago to equip its vehicles with “defeat- device software” designed to resist compliance with U.S. emissions standards.
After authorities discovered the deceptive software, Volkswagen spent more than $20 billion to settle various court actions with the U.S. Environmental Protection Agency.
Yet, Volkswagen still must resolve liability claims submitted by various state and local governments, including Burnet County.
Recently, the Burnet County Commissioners signed a legal document to indicate the county would still like to join a potential settlement related to Volkswagen.
In the case against Volkswagen, the county is represented by Houston attorneys supervised by Richard Mithoff.
“Had the county not signed it (the document), the attorneys would have most likely withdrawn from representing Burnet County,” County Attorney Eddie Arredondo told the Bulletin.
“(In turn), Burnet County would not be a part of potential settlement negotiations and would need to find new counsel to work at overcoming the abatement issue.”
The “abatement issue” concerns whether the state of Texas should settle first with Volkswagen, because the state claims it is the “dominant jurisdiction” which sued Volkswagen before Burnet County did.
“The state of Texas still believes Burnet County should not be able to continue with its suit,” Arredondo said.
As such, the county suit against Volkswagen is active but abated, he explained.
In other words, the county claim against the car company is stuck on pause.
“Although the Burnet County case is abated, it may be included in the settlement negotiations,” Arredondo said.
Coincidentally, Fort Bend and Harris County officials believe it is possible they could settle with Volkswagen before the state of Texas does, because both counties claim they sued Volkswagen before Texas did, Arredondo added.