Oh man this is the one that sets me off every time. Not that I condone VW's cheating, but have you ever looked at how many diesel passenger cars are sold in the USA? It's effectively zero, and has been for a long, long time. Americans don't like diesel cars. They could be totally uncontrolled from an emissions standpoint and it would not make any difference at all.
It makes no sense to regulate emissions on diesel passenger cars in the USA.