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US prepares to sue Fiat Chrysler over diesel emissions testing

NEW YORK - The Justice Department plans to file a civil lawsuit against Fiat Chrysler Automobiles NV over excess diesel emissions as early as this week if no agreement is reached with the Italian-American automaker, two sources briefed on the matter said on Wednesday. The Environmental Protection Agency in January accused FCA of illegally using undisclosed software to allow excess diesel emissions in about 104,000 cars and SUVs, the result of a probe that stemmed from regulators' investigation of rival Volkswagen AG. The EPA and California Air Resources Board have been in talks with FCA about the excess emissions and whether the agencies would approve the sale of 2017 FCA diesel models. A federal judge in California has set a May 24 hearing on a series of lawsuits filed by owners of vehicles against Fiat Chrysler and the Justice Department is expected to file its action by then if no agreement is reached. FCA said on Wednesday it believed that any litigation would be "counterproductive" to ongoing discussions with the EPA and California Air Resources Board. The company added that "in the case of any litigation, FCA US will defend itself vigorously, particularly against any claims that the company deliberately installed defeat devices to cheat U.S. emissions tests." The Justice Department took the same procedural step in early 2016 against Volkswagen, nearly four months after the German company admitted using software to emit excess diesel emissions in nearly 500,000 vehicles. The Justice Department has had an ongoing criminal investigation into FCA's conduct since last year, Reuters reported in January. The probe has turned up internal emails written in Italian and other documents about engine development and emissions issues, sources briefed on the probe said. U.S. regulators said FCA failed to disclose engine management software in 104,000 U.S. 2014-2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks with 3.0-liter diesel engines. The European Commission has launched legal action against Italy for failing to respond to allegations of emission-test cheating by Fiat Chrysler in a procedure that could lead to the country being taken to court. The EPA has said the maximum possible fine against FCA could be $4.6 billion. In February, FCA said it had received requests for information and subpoenas from U.S. federal and state authorities, including the Securities and Exchange Commission, for diesel issues.

Ford Mustang Mach-E fails Sweden's moose test

The infamous moose test has claimed another casualty. This time it's the Ford Mustang Mach-E AWD Long Range, which was tested in an electric four-way alongside the Tesla Model Y, Hyundai Ioniq 5 and Skoda Enyaq iV (an electric utility vehicle closely related to the Volkswagen ID.4 that is sold in the United States). According to the Swedish testers at Teknikens Varld, Ford's electric car not only failed to hit the speed necessary for a passing grade, it didn't perform well at slower speeds, either. To pass the outlet's moose test, a car has to complete a rapid left-right-straight S-shaped pattern marked by cones at a speed of at least 72 km/h (44.7 miles per hour). The test is designed to mimic the type of avoidance maneuver a driver would have to take in order to avoid hitting something that wandered into the road, which in Sweden may be a moose but could just as easily be a deer or some other member of the animal kingdom elsewhere in the world, or possibly a child or car backing into the motorway. Not only is the maneuver very aggressive, it's also performed with weights belted into each seat and more weight added to the cargo area to hit the vehicle's maximum allowable carrying capacity. The Mustang Mach-E only managed to complete the moose test at 68 km/h (42.3 mph), well below the passing-grade threshold. Even at much lower speeds, Teknikens Varld says the Mach-E (which boasts the highest carrying capacity and was therefore loaded with more weight than the rest of the vehicles tested in this quartet) is "too soft in the chassis" and suffers from "too slow steering." Proving that it is indeed possible to pass the test, the Hyundai and Skoda completed the maneuver at the 44.7-mph figure required for a passing grade and the Tesla did it at 46.6 mph, albeit with less weight in the cargo area. It's not clear whether other versions of the Mustang Mach-E would pass the test. It's also unknown if Ford will make any changes to its chassis tuning or electronic stability control software, as some other automakers have done after a poor performance from Teknikens Varld, to improve its performance in the moose test. Related video:

Volkswagen is not cool with a Fiat Chrysler merger

Volkswagen CEO Matthias Mueller shot down Fiat Chrysler CEO Sergio Marchionne's overtures for a merger in blunt fashion this week. Mueller told Reuters at the Geneva Motor Show, "We are not ready for talks about anything ... we have other problems. I haven't seen Marchionne for months." The unusually candid – and icy – response from one chief executive to another comes after Marchionne similarly pursued General Motors (again) this week. The FCA boss suggested GM might be looking for a new European partner as it prepares to unload its troubled Opel and Vauxhall divisions to PSA. A GM spokesman told USA Today that the company is not interested. Marchionne has been openly suggesting a GM merger since at least 2015, despite GM never reciprocating interest. VW's "other problems," as Mueller notes, include legal proceedings, fines, recalls, and other issues related to its long-running diesel scandal. Marchionne has long sought industry consolidation, arguing that automakers don't get a proper return on their investments in technologies, some of which are relatively similar. He's suggested sharing chassis and powertrain components could be a benefit to the collective auto sector. Skeptics argue FCA, which is smaller than GM, VW, Toyota, and others, needs a partner to survive, while its rivals already have the necessary scale to remain competitive. Related Video: