In our 11 35d we've had both tanks replaced in the last 6 months. Active and passive, as well as just now the HPFP threw a code so they replaced that. Luckily under warranty still until May 2016! SA told me that they're getting close to extending the warranty on all the diesel emissions related stuff. Now that the VW fiasco has come to fruition, they expect BMW to be on top of this big time now. The EPA will wreak havoc if another one of these manufacturers has recurring diesel emissions issues.

Also, I have a friend/client here in Denver who's successfully been involved in several manufacturer class action lawsuits, on the plaintiff (our) side. He told me I'd need two more guys (to make it a class) and they'd be all over BMW NA in a heart beat. These are the guys who were part of the Firestone tire case, the Toyota gas pedal case, the air bag case(s) etc. Big litigation firm who thrives on this stuff and does a lot to keep these companies honest. Believe it or not, most really try to cheat the EPA guidelines and think if just a small % of owners have an issue, it's easier to deal them as needed and hope they go away.