Appeals court affirms ‘Diesel Brothers’ engaged in ‘flagrant misconduct’ by removing emission controls
In a significant victory for cleaner air and the rule of law, the 10th Circuit Court of Appeals upheld federal Chief Judge Robert Shelby’s 2019 decision that Utah Physicians for a Healthy Environment properly sued – and prevailed against – the Diesel Brothers under the Clean Air Act.
UPHE filed suit against the Diesel Brothers back in 2016 after finding out they were illegally tapering and removing emission control systems in diesel vehicles. By doing so, they were directly profiting from a reckless endangerment of public health. This decision by the appeals court affirms the right of private citizens and groups, like us, to bring action against flagrant polluters and violators of the Clean Air Act.
Our board president, Dr. Brian Moench, is quoted in the Salt Lake Tribune saying ““We are a step closer to clean, healthy air in Utah thanks to this decision, The appeals court’s ruling today has broad implications. It is a victory for public health protection, for preserving the rule of law, and for the right of citizens to pursue punishment of any company that might have a similar business practice that disregards the rights of citizens to breathe clean air.”