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Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.

Linde spending $4.3 million on two new hydrogen stations in California

If California is going to sink millions upon millions to expand its hydrogen-refueling infrastructure, shouldn't at least some of that infrastructure be operated by a company that actually produces hydrogen fuel? Why, yes, and that's the case with Linde North America. The company has announced it will build two publicly-accessible hydrogen stations in Northern California, courtesy of a $4.3 million grant from the California Energy Commission (CEC). One of the stations will be at Oakland International Airport while the other will be about 20 miles east in San Ramon, next to Toyota's regional office and parts distribution center for the San Francisco Bay Area. That's only fitting, considering that Toyota is going to release a production fuel cell vehicle next year, first in Japan, then in the US (it will be limited to California at the beginning). The California Air Resources Board recently outlined the Golden State's intention to spend $50 million on getting 28 hydrogen refueling stations up and running by the end of next year and as many as 100 new stations added during the next decade. A large chunk of those (19, to be exact) will be built through a partnership betweetn Toyota and FirstElement Fuel Inc., so things are happening. Check out Linde's press release below. Linde to build two additional retail hydrogen fueling stations in northern California - Receives $4 million grant from California Energy Commission - Fueling stations slated for Oakland International Airport and San Ramon MURRAY HILL, N.J., and NEW PROVIDENCE, N.J., Aug. 5, 2014 /PRNewswire/ -- The California Energy Commission (CEC) awarded $4.3 million to Linde North America to construct retail hydrogen fueling stations in Northern California. The stations will be located at the Oakland International Airport and on Toyota owned property in San Ramon, California, adjacent to Toyota's San Francisco Regional Office and Parts Distribution Center. The award is part of $46.6 million funding program the CEC has committed this year to expand the retail hydrogen fueling infrastructure within the state. The grants, made through CEC's Alternative and Renewable Fuel and Vehicle Technology Program, were made to eight applicants and will add 13 new hydrogen fueling locations in Northern California and 15 in Southern California, strategically located to create a refueling network along major corridors and in regional centers.

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We record Autoblog Podcast #319 tonight, and you can drop us your questions and comments regarding the rest of the week's news via our Q&A module below. Subscribe to the Autoblog Podcast in iTunes if you haven't already done so, and if you want to take it all in live, tune in to our UStream (audio only) channel at 10:00 PM Eastern tonight.
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