Volkswagen AG (VW) and a German auto provider on Tuesday requested the US Supreme Court docket to assessment an appeals courtroom resolution permitting state and native governments to manage modifications to emissions-control techniques as soon as a automobile is bought.

The Ninth Circuit Court docket of Appeals said in August that it could not revisit a unanimous June resolution that may permit two counties to hunt monetary penalties from VW for violation of legal guidelines prohibiting tampering with diesel emissions-control techniques.

The penalties associated to Volkswagen’s ‘Dieselgate’ scandal may whole tens and even tons of of billions of {dollars}.

“Volkswagen believes that the Clear Air Act preempts the unprecedented effort by these two counties to problem auto producers’ nationwide, post-sale updates to their autos’ emissions techniques and that the Supreme Court docket ought to assessment this essential query of federal legislation,” a spokesperson for Volkswagen Group of America mentioned in a press release.

On Tuesday, the Ohio Supreme Court docket heard oral arguments within the state’s swimsuit towards VS over damages attributable to the altered emissions-control techniques of 14,000 Ohio-registered autos. VW mentioned that Ohio’s claims “may whole $350 million per day, or greater than $127 billion per yr, over a multi-year interval.”

The appeals courtroom discovered that, although Volkswagen had settled US prison and civil actions associated to the emissions scandal for greater than $20 billion, it was not shielded from native and state authorities legal responsibility. The courtroom mentioned they have been “conscious that our conclusion could end in staggering legal responsibility for Volkswagen.”

The courtroom added that this legal responsibility was “on account of conduct that would not have been anticipated by Congress: Volkswagen’s intentional tampering with post-sale autos to extend air air pollution.”