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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.

Weekly Recap: Ferrari, Ford and Porsche power up for Geneva

Monday was Groundhog Day. Tuesday, apparently, was Sports Car Day. The Ferrari 488 GTB, the Ford Focus RS and the Porsche Cayman GT4 all debuted within hours of each other ahead of their rollouts at the Geneva Motor Show. Three sporty machines, three vastly different approaches – and a lot of implications for enthusiasts. That's a day worth repeating. It also illustrates the opportunities automakers see in the performance market, which is expected to grow in the coming years. Ford estimates the segment has expanded 14 percent in Europe and surged 70 percent in North America since 2009. The Detroit Auto Show was evidence of this, and performance cars of every stripe debuted, including the Acura NSX, Ford GT, Alfa Romeo 4C Spider and several others. This isn't a fad. Performance cars aren't going away. The question is why? Stricter CAFE standards are looming in the United States, as are tighter emissions regulations in Europe. And no one expects gas prices to remain low in America. None of this matters for sports cars, and automakers are increasingly using them to elevate their images. That's why Dodge rolled out two 707-horsepower Hellcats last year. It's why Ford has decided to resurrect the GT for road and track. It's why in the depths of bankruptcy, General Motors continued work on the Chevrolet Corvette Stingray, not to mention the Z06. "Great brands are made one car at a time," Ford of Europe president Jim Farley said at the reveal of the Focus RS. Still, companies make those cars for different reasons. View 5 Photos Mainstream brands like Ford and Dodge want to build cars that get people talking, excite their bases and drive more potential customers into the showroom. They probably don't buy a Focus RS or a Hellcat, but suddenly the regular Focus hatch looks a bit hotter, and that V6 Charger seems to be just a touch more muscular. The halo of performance is alive and well in the eyes of automakers and their customers. "It's one of the most effective catalysts for ingenuity and innovation," said Joe Bakaj, vice president of product development for Ford of Europe. That also leads to a trickle-down effect. Some of the technologies inevitably make their way to other products. It's hard to think the new all-wheel-drive system in the Focus RS that distributes torque front to rear and side to side won't be used in other vehicles. It's different for Ferrari and Porsche.

Recharge Wrap-up: Toyota HQ goes solar, CARB fights methane

Opel denies allegations about illegal emissions software as the German transport ministry begins its review. Opel has turned documents over to German authorities, and promises to hold a "constructive dialogue" while answering any lingering questions, says the automaker. Opel says that "the allegations reflect a wrong understanding of how diesel engines work." As German magazine Der Spiegel renewed questions about a cheat device similar to those used by Volkswagen, Opel reiterates, "We do not have any software that recognizes whether a vehicle is undergoing an exhaust emissions test." Read more at Automotive News Europe. South Korean President Park Geun-hye suggests that Seoul and Paris work together on the promotion of fuel cell technology. French industrial gases company Air Liquide manufactures liquid hydrogen, while Korean automaker Hyundai has already deployed its Tucson Fuel Cell crossover in select markets around the world. The two companies have signed a deal to cooperate on hydrogen technology. President Park visited an Air Liquide research center during a trip to Europe, where she said that a partnership between Hyundai and Air Liquide can help their countries stay ahead in the fuel cell vehicle market. Read more from Green Car Congress. CARB is proposing new rules for oil and gas facilities that would reduce methane emissions by more than 50 percent. The system, treatment, operation, and device standards would apply to onshore and offshore oil and gas production, storage, processing, and transmission facilities, covering procedures for leak detection and repair, equipment replacement, record keeping, and data reporting. "Methane emissions from the oil and gas industry contribute to California's [greenhouse gas] emissions and cost-effective reduction opportunities already exist and are available for use in the sector," CARB says. "In addition, reducing methane emissions from this sector will help slow the rate of climate change in the near-term and have an immediate beneficial impact on climate change." A hearing is scheduled for July 21 to discuss the proposal. Read more from SNL. Toyota's new Plano, Texas campus will get 25 percent of its energy from the sun. As Toyota plans to move into its new North American headquarters next year, it is building a 7.75-megawatt solar system to provide renewable energy for its operations. The solar arrays will be built atop three parking structures by the end of 2017.