Play stupid games, win stupid prizes. Or so the adage goes.
And it's one that a group of Harley-Davidson dealerships in Utah is finding out, as a federal judge has ruled that a lawsuit can move forward against them for installing aftermarket exhausts without catalytic converters.
The case boils down to Utah Physicians for a Healthy Environment, the case's plaintiff and environmental nonprofit, had accused a slew of Harley-Davidson dealerships around the Salt Lake area of EPA violations, as well as noise violations. They contend that these dealerships had either installed aftermarket exhausts without catalytic converters or removed said catalytic converters, thus allowing the modified motorcycles to spew more pollution and noise.
There was, however, contention on whether or not the case would proceed, as U.S. District Judge David Barlow held the case in his hands. But, as of last week, Barlow agreed to allow the suit to move forward. At least, partially.
According to Courthouse News Service, the judge decided that only the EPA violations portion of the case would proceed, with the nonprofit having enough evidence to make a compelling case. The group's request for a preliminary injunction against those dealerships, as well as the noise violation, however, were struck down.
Judge Barlow stated, "UPHE essentially seeks an assumption that because defendants sell, install, and remove parts which affect motorcycles’ noise level that its members have been exposed to the same. But UPHE and the record are silent on the evidentiary basis for the assumption. There is no record evidence that the noise emitted from the motorcycles accumulates in a ‘noiseshed’ or otherwise impacts those that are not in the immediate presence of the noise when it is emitted."
The original lawsuit is from 2022 and targeted four dealerships around the Salt Lake area all owned by the same LLC. According to the original complaint, "Physicians seek to enforce Defendants’ significant, repeated, and ongoing violations of the Clean Air Act and Noise Control Act, which have been and continue to be at the expense of the health and well-being of Physicians’ members and the public at large. Defendants’ violations include: the removal of air and noise emission control devices in motorcycles; the sale and installation of aftermarket parts that defeat air and noise emission control devices in motorcycles; and the ownership, operation, and sale of new and used motorcycles without all of their required air emission and noise controls present and functioning as designed."
Now with this ruling, the case can proceed. And it'll be interesting, as Utah has become somewhat of a battleground of EPA violations in recent years, including coal-rolling diesel trucks, despite the state government's anti-environmental stances. So it really could go either way.
I am left with just one thought, though. There are so many exhausts on the market with cats that sound good, just why even mess around and find out?
