Dieselgate: How Consumer Law Can Help Protect The Environment

Published date11 August 2020
Subject MatterEnvironment, Consumer Protection, Energy and Natural Resources, Energy Law, Environmental Law, Oil, Gas & Electricity, Consumer Law, Climate Change
Law FirmLeigh Day
AuthorMs Bozena Michalowska Howells and Jessica Derwent
Many people have questioned the role of consumers in the fight against climate change, with some arguing consumer choices are simply transient and won't materialize into lasting changes But the evidence suggests otherwise. The rise of veganism has had supermarkets reporting rocketing sales of non-meat products. The power of consumers to drive change is the case I wish to advocate for when it comes to car emissions and climate change.

Many view consumer law itself as a co-conspirator in the environmental crisis. Indeed, the paramount goals of consumer law are to protect the consumer, who is in essence engaging in consumption, which is a problem when it comes to the environment However, consumer law can be environmentally constructive in the fight against corporations flouting green promises, as Dieselgate has demonstrated.

If consumer choices for greener cars are defended by the law then the car industry is forced to take the environmental impact of their cars seriously. The ongoing international litigation against Volkswagen (VW), and the current investigation into Mercedes/Daimler, in respect of the emission of NOx emissions demonstrate that consumers care, and deserve, the lower emission vehicles they thought they were buying.

Car manufacturers cashing in on the consumer desire for greener cars without delivering on their promises of effective emissions technology is not only dishonest but also exploitive of consumers' genuine growing appetite for more sustainable choices. Just as consumer habits have the power to make change for a greener planet, consumer law cases go hand in hand with the work of environmental campaigners and advocates of environment legal reform. Consumer law should be seen as a friend of environmental law, not a foe.

Litigation in the wake of Dieselgate attempts to rebalance the injustice of this unfairness and compensate consumers for being sold a high emission car masquerading as a low emission car Consumer law claims hold car manufacturers accountable for misleading their customers, as well as drawing the attention of governments and nations to the importance of emissions on the environment and public health.

The emission of Nitrogen Oxides (NOx), a greenhouse gas emitted by diesel engines, which contributes to smog and acid rain, are not only harmful to the ozone layer but are also detrimental to public health. It is estimated that annually 10,000 people...

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