Volkswagen Settlement

Questions may be addressed to the North Dakota Department of Health at 701.328.5188, or email Keith Hinnenkamp (

On October 25, 2016, a Partial Settlement and Consent Decree was finalized between the US Department of Justice and the Volkswagen Corporation (VW) regarding the installation and use of emissions testing defeat devices in over 500,000 VW vehicles sold and operated in the United States beginning in 2009. These devices violated the federal Clean Air Act and increased air emissions of the pollutant nitrogen oxide (NOx).

An environmental mitigation trust (trust) has been established as part of the consent decree to provide funds to the states to mitigate the negative air quality impacts of the violations. With the addition of the 3.0 liter vehicle settlement funds, North Dakota’s share of the trust will be up to $8.1 million dollars. The trust establishes a process for states to receive the funds and develop environmental mitigation plans. The trust also identifies the mitigation “actions” or projects that will be eligible for funding.

The Governor’s Office has appointed the North Dakota Department of Health (NDDoH) as the lead agency for the purposes of administrating the Volkswagen Settlement's environmental mitigation trust for the State of North Dakota.

Please Note: NDDoH is not currently soliciting project proposals. In order to receive news releases related the Volkswagen Settlement, you may sign up for email notifications: here.

The NDDoH has completed work on a draft of North Dakota’s environmental mitigation plan required by the Volkswagen Settlement. The plan can be viewed here: Draft Mitigation Plan for the Volkswagen Environmental Mitigation Trust Agreement.

The NDDoH held a public comment period to help finalize the mitigation plan. The 45-day comment period began July 17 and ended August 31, 2018. In addition to the public comment period two public meetings were held:

Fargo Informational Meeting

  • Date:July 30, 2018
  • Time: 6:00 PM CT
  • Location:
    A. Glenn Hill Center, Room 112
    1306 Centennial Blvd, NDSU

Bismarck Informational Meeting

  • Date:July 31, 2018
  • Time: 6:00 PM CT
  • Location:
    NDDoH Environmental Training Center
    2639 E Main Street

On January 29, 2018, the Trustee for the Volkswagen Settlement (Wilmington Trust) filed a Notice of Beneficiary Designation for North Dakota and all other entities that submitted a Certification for Beneficiary Status form to the Trustee. The Notice of Beneficiary Designation is posted in the Documents Section below.

The NDDoH has submitted the information to the Court and settlement Trustee to officially be named the beneficiary for the State of North Dakota. The Certification for Beneficiary Status form (D-3) signed by the Governor, Attorney General and State Health Officer, was submitted on November 21, 2017. The form is posted in the Documents Section below.

The final version of the state environmental mitigation trust was filed with the Court on October 2, 2017, establishing October 2, 2017 as the Trust Effective Date for the trust. This date is important as it starts the timeline for the actions a beneficiary (state designee) must complete to receive trust funds. The final trust agreement is posted in the Documents Section below.

During the March 1 to March 31, 2017 public comment period, the NDDoH sought public input on drafting North Dakota’s VW settlement environmental mitigation plan. Interested parties were encouraged to provide comments by following the requirements outlined in the partial consent decree. The comment period was not a solicitation for project proposals, but rather an opportunity for the public to provide comments to help guide the development of the mitigation plan.

Comments were received during March 1 to March 31, 2017 public comment period from the following groups or individuals:



Mike Rud ND Propane Gas Association
Jason Godsil Godsil Car Company
Les Alvstad Farmers Union Oil
Sherrie Merrow NGV America
Brad Redmond West Fargo Schools
Josh Kinard Harlow’s
Barry Warn Cummins
Julie Bommelman City of Fargo
Terry Ludlum City of Fargo
Paul Jensen Fargo C.L.E.A.N
Dr. John Bagu Dept. of Chemistry & Biochemistry, NDSU
Robert Moffitt ND Clean Cities & American Lung Association
Mindi Schmitz Environmental Law & Policy Center
Darrell Francis Souris Basin Transportation
Kathryn Hilton Morning After Citizens Group
Andrea Holl Pfennig ND Dept. of Commerce

Documents (Click to expand)

Last Updated: 11/16/2018