Gaming the system
It goes on in all industries at all times.
A set of rules is proposed, interested parties try to skew/complicate the rules and something is implemented.
The race is on to try to get as close to the edge of the rules as possible to gain competitive advantage, sometimes someone steps over the bounds.
What I find interesting is that it was independents that found the breach and not the competition, surely any competitor would wonder how VW could claim such low emissions whilst keeping performance high.
This assumes the competitors were themselves staying within the rules, perhaps they knew and were working on (or have implemented) stealthier versions.