We are proceeding with our Harley Davidson case, minus a few claims

In 2022, in a significant legal move, UPHE took action against four Harley-Davidson dealerships in Utah for violating federal air and noise pollution laws. The suit, filed under the Clean Air Act and Noise Control Act, alleges that the dealerships have been selling high-polluting and excessively noisy motorcycles by removing pollution control devices and installing illegal aftermarket parts.

UPHE has had encouraging success in similar suits, such as our action against 4 Wheel Parts, which resulted in a court order prohibiting the sale of or installation of aftermarket parts that defeat air pollution controls nationwide. 

UPHE’s complaint asserts that these tampered motorcycles are more than twice as loud and emit over twice the air pollution permitted by federal law. The excess hydrocarbons and nitrogen oxides emitted contribute to unhealthy levels of ozone and particulate matter (PM2.5) along the Wasatch Front, exacerbating air quality issues and posing serious health risks.

A recent update in the case brought some good news for UPHE. On Monday, a federal judge in Utah ruled that UPHE has standing to pursue most of its claims regarding air pollution violations by the Harley-Davidson dealerships. However, the claim that the motorcycles’ noise levels violate federal law was dismissed. The judge acknowledged that motorcycles without catalytic converters contribute to ozone and PM2.5 pollution, adversely affecting residents in the north-central part of the state.

PM2.5 pollution can cause serious health problems, including cardiovascular and respiratory issues, as well as long-term conditions like neurodegenerative diseases. The plaintiffs highlighted that motorcycle exhaust exacerbates poor air quality in Utah, leading to increased rates of heart attacks, strokes, and even early death.

While the preliminary injunction to stop the dealerships from selling the tampered motorcycles was denied, the Clean Air Act claims will proceed to trial. 

Media coverage on the update in the case:

Missoula Current
Bloomberg Law
PowerSports Business coverage
Courthouse News Service
Ride Apart Coverage

Major legal success UPHE has had which could help clean the air nationwide! ↓