UPHE Prevails in Major Lawsuit
Immediate Release
Thursday, March 14, 2019
Contacts:
Dr. Brian Moench – Board President, UPHE 801-243-9089 drmoench@yahoo.com
Reed Zars – Attorney 307-760-6268 reed@zarslaw.com
Jonny Vasic – Executive Director, UPHE 385-707-3677 jvasicuphe@gmail.com
UTAH PHYSICIANS FOR A HEALTHY ENVIRONMENT PREVAIL IN MAJOR LAWSUIT
DIESEL BROTHERS FOUND LIABLE FOR VIOLATING CLEAN AIR ACT
(Thursday, March 14, 2019 – Salt lake City, UT) – Utah Physicians for a Healthy Environment (UPHE) announce that Tuesday in Utah Federal District Court Diesel Brothers, known for their reality show on Discovery Channel, and their related companies were found in violation of the Clean Air Act and Utah law. The court ruled that Diesel Brothers have:
- Illegally removed pollution control equipment from diesel trucks
- Illegally installed emission control defeat parts in diesel trucks
- Illegally sold diesel vehicles with emission control defeat parts installed
- Illegally sold emission control defeat parts
- Illegally operated diesel vehicles in Utah without emission control equipment installed
Of equal importance, the court ruled that UPHE has standing to enforce the Clean Air Act (CAA) against Diesel Brothers despite their claim that the excess emissions from their trucks were a “drop in the ocean” compared to emissions from all other pollution sources along the Wasatch Front.
The court reasoned that “a causation standard that precludes citizens from suing for CAA violations directly contributing pollution to the air they breathe would seriously undermine the CAA’s citizen enforcement provision.”
Reed Zars, attorney for UPHE said, “The court’s ruling confirms that citizens and Utah’s vehicle emission testing programs can work together to stop the tampering of emission controls in motor vehicles. When tampered vehicles like the ones in this case emit 30 to 40 times the pollution of stock vehicles, it only takes 2-3% of these monster emitters to double the emissions from the entire fleet. This is why the court’s decision is not just a win for citizen enforcement of the law, but a win for cleaner, healthier air.”
Dr. Brian Moench, UPHE President said, “Diesel emissions are a major contributor to air pollution in every city, and they are uniquely toxic to human health. American citizens, and every level of government, should have zero tolerance for anyone that tries to profit from a hobby or business practice that brazenly sacrifices the health of others.”
“With this ruling Utah Physicians for a Healthy Environment have achieved an important milestone in the fight for clean air along the Wasatch Front,” said Jonny Vasic, Executive Director for UPHE. “This ruling, similar to the result in the Volkswagen scandal, should be a wake up call for all manufacturers, sellers, and installers of illegal aftermarket parts that add to our air pollution.”
###
Utah Physicians for a Healthy Environment was formed in 2007 during one of Utah’s worse inversions. The organization consists of approximately 400 medical professionals within Utah, and another 4,000 supporting members of the public. UPHEis dedicated to protecting the health and well-being of the citizens of Utah by promoting science-based health education and interventions that result in progressive and measurable improvements to the environment.