On Monday January 30th, 2017, the Sierra Club and partner organizations sent the following letter to Ben Grumbles, Secretary of the Maryland Department of the Environmenta, regarding Maryland's involvement in the Volkswagon settlement.
We the undersigned organizations wrote write regarding Maryland’s opportunity to significantly benefit from the recent settlement of litigation brought against Volkswagen by the United States and the State of California. The settlement addresses Volkswagen’s actions in putting approximately half a million diesel cars on the road in the United States (model years 2009- 2016) that emitted excessive and unlawful amounts of the pollutant nitrogen oxide (NOx). This occurred as a result of Volkswagen using computer software to disable the vehicles’ emissions controls when the vehicles were not undergoing emissions testing (i.e., when the vehicles were in regular use). The settlement, among other things, establishes an Environmental Mitigation Trust to remedy the damage to the environment and health caused by the wrongful NOx emissions, and specifies that Maryland may receive over 71 million dollars from the Trust to mitigate the harm to our state.
In order to receive these Trust moneys, the settlement requires that Maryland strictly comply with certain procedures and deadlines (or forfeit its share of the moneys). The first step would be for Governor Hogan to submit to the Trust administrator (the Trustee) a certification that identifies a “Lead Agency” for implementing the Trust in Maryland, no later than 60 days after the Trust’s effective date (expected to take place this winter). Thereafter, and by a date certain later in 2017 (not yet finalized), Maryland would be required to submit its implementation plan to the Trustee.
The Trust requires that Trust moneys be spent on transportation-related investments, which may include, most notably, electric vehicles and infrastructure. Maryland will be responsible for selecting its specific investments within the permissible categories of spending.
At this time in the process, we would like to make three basic points regarding this opportunity. First, we strongly urge that Maryland make the necessary submissions to the Trustee in order to receive its share of the Trust moneys. Second, we urge that Maryland use its distribution to invest in ongoing efforts to electrify the state’s transportation sector. These investments will help make our air cleaner and healthier, reduce greenhouse gas emissions, create jobs for Marylanders, and improve the transportation sector. Lastly, we urge that the state establish an open and transparent process for choosing the specific electrification investments to be made with the Trust moneys, and engage in proactive outreach efforts. This will allow a wide range of organizations, governmental bodies and officials, and individuals to participate. We particularly believe it important that communities which have disproportionately suffered from Maryland Chapter 7338 Baltimore Avenue, Suite 102 College Park, MD 20740-3211 NOx and other air pollutants have the opportunity to advocate for investments that would help alleviate the harms they have suffered.
Thank you for your attention to this matter. We hope to work closely with you to ensure that Maryland receives its share of the Volkswagen settlement funds, and the funds are used to benefit the health of the people of Maryland and the state’s environment.
Sincerely,
Maryland Sierra Club
Chesapeake Climate Action Network
Chesapeake Physicians for Social Responsibility
Labor Network for Sustainability
Maryland Environmental Health Network
Maryland League of Conservation Voters
Maryland PIRG
Unitarian Universalist Legislative
Ministry of Maryland
1000 Friends of Maryland
Cc: Honorable Brian E. Frosh Attorney General
Honorable Thomas V. Mike Miller, Jr. Senate President
Honorable Michael E. Busch, Speaker of the House