EPA has expressly said that the cars are legal to drive. It doesn't want new ones sold, but it has no intention to force owners to submit to the remedy.
OK, so let me get this straight. The cars are putting out excessive emissions, VW may be subjected to a fine, they cannot sell any more diesels...but the ones they’ve already sold are OK.
I can see a scenario if VW balks at a resolution where the EPA may change that stance to bring pressure on VW. Frankly, I don’t trust the EPA.