WASHINGTON — The U.S. Supreme Courtroom on Monday requested President Joe Biden’s administration to weigh in on whether or not Volkswagen AG could be sued by native governments in Florida and Utah for damages stemming from the German automaker’s diesel emissions cheating scandal.

The justices are contemplating whether or not to listen to an appeal by VW and German auto provider Robert Bosch of a decrease court docket ruling permitting Florida’s Hillsborough County and Utah’s Salt Lake County to hunt to carry the businesses liable underneath native legal guidelines and rules barring tampering with automobile emissions controls.

VW may face large damages in these instances and probably others introduced by different native jurisdictions. Daimler and Fiat Chrysler, a part of Stellantis, are dealing with comparable claims.

Volkswagen has argued that underneath the U.S. Clear Air Act, solely the federal authorities can pursue such claims. VW famous that it already has reached a settlement of greater than $20 billion with the U.S. Environmental Safety Company.

The counties have argued that VW deceived the EPA — and in doing so additionally violated the native legal guidelines.

Volkswagen is searching for to overturn a 2020 ruling by the San Francisco-based ninth U.S. Circuit Courtroom of Appeals. The ninth Circuit determined that the Clear Air Act didn’t preempt native efforts to impose legal responsibility over autos that VW had tampered with after they have been offered. The ninth Circuit, nonetheless, agreed with VW that it couldn’t be held liable underneath the native anti-tampering legal guidelines for actions it took pre-sale.

California-based federal choose Charles Breyer in 2018 had dominated in favor of Volkswagen on each counts.

In 2015, Volkswagen disclosed that it had used subtle software program to evade nitrogen oxide emissions necessities in almost 11 million autos worldwide. It additionally misled the EPA, which had began asking questions in 2014.

“The Ninth Circuit’s legally flawed resolution, until reversed by the Supreme Courtroom, will create chaos within the auto trade and severely undermine the EPA’s authority,” stated a spokesperson for Volkswagen Group of America. ”The Ninth Circuit’s resolution locations no restrict on the facility of all 50 states and 1000’s of counties to manage post-sale auto emissions updates and second-guess the EPA’s determinations.”

Along with equipping autos with so-called “defeat units” earlier than they have been offered, VW additionally put in software program updates after sale, which is the conduct at subject within the case earlier than the Supreme Courtroom. On the time, VW didn’t reveal the true goal of the updates, which have been geared toward refining the software program used to regulate the emissions.

Volkswagen is dealing with different lawsuits over the emissions scandal, together with one introduced by the state of Ohio.

Justice Stephen Breyer is not going to take part on the Supreme Courtroom. He’s the brother of the choose who dominated in an earlier stage of the case.

Audrey LaForest of Automotive Information contributed to this report.