The lawsuits, announced today, allege that Volkswagen and its affiliates sold more than 40,000 vehicles in the two states with so-called "defeat devices" installed.
Furthermore, the complaint accuses company employees of trying to cover up the cheating by submitting false documents to the two states and destroying incriminating paperwork.
"The allegations against Volkswagen, Audi and Porsche reveal a culture of deeply-rooted corporate arrogance, combined with a conscious disregard for the rule of law or the protection of public health and the environment," said New York Attorney General Eric Schneiderman.
Top VW executives, including former CEO Martin Winterkorn, knew about the deception, the New York lawsuit alleges, and participated in efforts to cover it up.
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In a statement, Volkswagen said it is already in talks with authorities regarding "a comprehensive national resolution of all remaining environmental issues arising from the diesel matter." The company also noted that it has agreed to buy back or modify affected vehicles, create a USD 2.7 billion environmental trust and invest USD 2 billion on infrastructure for zero-emission vehicles.
The legal action seeks "substantial penalties" that would be based on a calculation of the duration of the alleged violations.
Schneiderman and his Massachusetts counterpart, Maura Healey, planned to discuss the details of the case at a Tuesday news conference in New York City. The two Democrats are the top law enforcement officials in their respective states, and each state will file its own lawsuit.