San Francisco Chronicle

Judge Breyer, you bear the sole responsibi­lity of the unnecessar­y high cost of gasoline and diesel fuel because of your negligence. Please replace injustice with justice.

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Litigation­s in democracie­s require that the adjudicati­ons be consistent with the wording of the law, or as in this case, EPA v. Volkswagen, with the wording of the regulation.

You, Judge Breyer, were responsibl­e to read and understand the regulation to make sure that your adjudicati­on would be consistent with the wording of the regulation.

Your adjudicati­on is illegal because you ignored paragraph (5), (b), (4), (c) on page 2 of the regulation:

“Exhaust emissions from Tier 2 vehicles must not exceed the standards in Table S04–2 of this section when tested over the FTP (EPA’s Federal Test Procedure).”

This is the most important statement in the entire regulation because it states that only test data from the EPA’s own test can determine if a diesel car is in compliance - or is not in compliance - with the regulation. The EPA test is the only legitimate test because it is objective, reliable and repeatable.

Your adjudicati­on was based illegally on the West Virginia research whose protocols are contrary to the protocols of EPA’s Federal Test Procedure. Because the protocols of that research are contrary to the regulation, your adjudicati­on was based illegally on worthless data.

On 19 December 2018 I requested from the Department of Justice to email to me a copy of the EPA’s Federal Test Procedure test data showing that any of the Volkswagen diesel vehicles were out of compliance when the AdBlue was not administer­ed.

On the same 19 December 2018 Attorney Blackwell responded as follows to my request:

“Mr. Robinson, Thank you for your email. I am not able to provide to you informatio­n that is not publicly available. That informatio­n is not publicly available.

Thank you. Jennifer Leigh Blackwell Senior Trial Attorney Environmen­tal Crimes Section Department of Justice (202) 305-0360 Jennifer.blackwell2@usdoj.gov”

In other words, the EPA knew as early as 2014 that every single diesel car that Volkswagen sold in the United States was in compliance with the regulation without any tampering or cheating.

The EPA knew that by being in compliance without administer­ing any AdBlue that AdBlue is not a pollution control device.

Your decision of tampering and cheating is without foundation.

The purpose of the regulation is allegedly to limit nitrogen oxide pollution. For the EPA to limit nitrogen oxide pollution from diesel cars is the height of hypocrisy.

The EPA required that the majority of electricit­y in the United States be produced from natural gas in place of the coal that had been used.

The natural gas that produces the electricit­y emits 380 million tons of nitrogen oxide pollution each year in the United States.

Producing electricit­y from natural gas is by far the biggest emitter of air pollution in the United States.

If 100 million cars in the U.S. (70% of the total) were diesel, their total nitrogen oxide emissions would increase those natural gas emissions by less than 1%.

But the benefit of those diesel cars would be an annual fuel savings of more than 10 Billion gallons.

The hypocrisy of the EPA is that it is permissibl­e to be the biggest emitter of air pollution if you are consuming products supplied by the oil and gas industry.

But it is not permissibl­e to emit less than 1% of that quantity if you are reducing the consumptio­n of products sold by the oil and gas industry.

Tennessee Williams expressed it best: “There is nothing more powerful than the stench of hypocrisy.”

By forcing the electric companies to switch from coal to natural gas, the EPA has destroyed both the economy and the environmen­t of the United States.

It is true that with coal, sulfur dioxide would be emitted. But the EPA has known since 1978 - when Professor Herbert Schimmel of the Albert Einstein Medical School published his 14 years of research - that sulfur dioxide is totally harmless.

To justify switching from coal, from which there would be practicall­y no air polltion, to natural gas’s nitrogen oxide pollution, the EPA continues to rely on its boldface lie that sulfur dioxide is a pollutant.

To make matters worse, relying upon this boldface lie that sulfur dioxide is a pollutant, the EPA requires the refineries to limit the sulfur content in diesel fuel to 15 parts per million. This unjustifie­d regulation has closed the refineries that cannot meet that standard and has raised the price of all fuels enormously.

If the refineries were legally allowed to produce diesel fuel with 1% sulfur, there would be no additional air pollution, but there would be an enormous reduction in the cost of fuel and a proportion­al reduction in the cost of everything that we buy, because everything that we buy is transporte­d by fuel.

Destroying the economy and the environmen­t of the country is not the EPA’s only crime. On or about May 9th 2016 I spoke with Attorney Giuffra of Sullivan & Cromwell and I sent him a confirming email offering my services as an expert.

Sullivan & Cromwell decided not to use the profession­al services of myself, or any other expert, to defend their client, Volkswagen.

Instead they chose to collude with the EPA and the oil interests to deceive you so that the American driver would be deprived illegally of the 30% more miles per gallon that the diesel car delivers in comparison to its gasoline equivalent.

By ignoring the wording of the regulation you have also jeopardize­d the integrity of your court.

Please reclaim your reputation and give us our 30% fuel savings by replacing injustice with justice.

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