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SVTPerformance's Chain of Restaurants
Road Side Pub
"Clean air act"
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<blockquote data-quote="Weather Man" data-source="post: 16594352" data-attributes="member: 137766"><p>Not good guys. Maybe someone smarter than me can link the PDF.</p><p></p><p>Case 3:20-cv-08003-JJT Document 105 Filed 03/08/21 Page 1 of 33</p><p></p><p>In its non-party brief filed February 17, 2021 (ECF No. 78-1) (“SEMA Brief”), the Specialty Equipment Market Association (“SEMA”), suggests that EPA is attempting to shut down a “fabric of American life.” SEMA Brief at 2-3. EPA is doing no such thing. Rather, EPA is seeking to stop a flood of defeat devices from being installed on motor vehicles that drive on our public roads. EPA has explicitly given racing part suppliers the ability to demonstrate that their parts are not ending up in motor vehicles driven on the public roads and thereby justify EPA’s enforcement discretion. See ECF No. 48-3 at 2; ECF No. 48-4 at 2. However, what EPA has found through its investigations is that many makers and sellers of defeat devices sell them indiscriminately to the general public and these companies, as well as SEMA, have never been able to demonstrate that they end up on vehicles used exclusively in competition motor sports. See ECF No. 48-3 at 2; ECF No. 48-4 at 2. EPA has estimated based on its cases over 500,000 diesel trucks have had its emissions controls removed, this more than double the number of racing vehicles (gasoline and diesel) that SEMA says exists.2 In an effort to remove certified motor vehicles used, or purportedly used, in competition motorsports from the ambit of the CAA, SEMA contends that whether something is a motor vehicle can change depending on how it is used or modified after it has been introduced into commerce. SEMA Brief at 7-8. From this, SEMA insists that the government can enforce the Defeat Device Prohibitions only by tracking each device sold to a specific motor vehicle to “determine whether a company knowingly and intentionally sold race delete parts for on-road use.” Id. at 16-18.<strong><span style="color: #ff0000"> The plain language of the CAA shows that SEMA is wrong. The CAA is clear that a certified motor vehicle remains a motor vehicle throughout its life even if it is modified for some other use such as competition motorsports or is not used on public roads. Products designed to bypass or render inoperative emission controls on EPA-certified motor vehicles are illegal. The structure and purpose of the CAA confirms this statutory construction and EPA’s statements have consistently espoused this view. </span></strong>Additionally, even if SEMA’s arguments were accepted in abstract theory, the United States has established nonetheless that it will likely succeed in proving the merits of this case against Gear Box Z, Inc. (“GBZ”) on the facts in the record (a record that includes no evidence its parts are used on competition motorsports), and this Court should grant the United States’ Motion for Preliminary Injunction.</p></blockquote><p></p>
[QUOTE="Weather Man, post: 16594352, member: 137766"] Not good guys. Maybe someone smarter than me can link the PDF. Case 3:20-cv-08003-JJT Document 105 Filed 03/08/21 Page 1 of 33 In its non-party brief filed February 17, 2021 (ECF No. 78-1) (“SEMA Brief”), the Specialty Equipment Market Association (“SEMA”), suggests that EPA is attempting to shut down a “fabric of American life.” SEMA Brief at 2-3. EPA is doing no such thing. Rather, EPA is seeking to stop a flood of defeat devices from being installed on motor vehicles that drive on our public roads. EPA has explicitly given racing part suppliers the ability to demonstrate that their parts are not ending up in motor vehicles driven on the public roads and thereby justify EPA’s enforcement discretion. See ECF No. 48-3 at 2; ECF No. 48-4 at 2. However, what EPA has found through its investigations is that many makers and sellers of defeat devices sell them indiscriminately to the general public and these companies, as well as SEMA, have never been able to demonstrate that they end up on vehicles used exclusively in competition motor sports. See ECF No. 48-3 at 2; ECF No. 48-4 at 2. EPA has estimated based on its cases over 500,000 diesel trucks have had its emissions controls removed, this more than double the number of racing vehicles (gasoline and diesel) that SEMA says exists.2 In an effort to remove certified motor vehicles used, or purportedly used, in competition motorsports from the ambit of the CAA, SEMA contends that whether something is a motor vehicle can change depending on how it is used or modified after it has been introduced into commerce. SEMA Brief at 7-8. From this, SEMA insists that the government can enforce the Defeat Device Prohibitions only by tracking each device sold to a specific motor vehicle to “determine whether a company knowingly and intentionally sold race delete parts for on-road use.” Id. at 16-18.[b][color=#ff0000] The plain language of the CAA shows that SEMA is wrong. The CAA is clear that a certified motor vehicle remains a motor vehicle throughout its life even if it is modified for some other use such as competition motorsports or is not used on public roads. Products designed to bypass or render inoperative emission controls on EPA-certified motor vehicles are illegal. The structure and purpose of the CAA confirms this statutory construction and EPA’s statements have consistently espoused this view. [/color][/b]Additionally, even if SEMA’s arguments were accepted in abstract theory, the United States has established nonetheless that it will likely succeed in proving the merits of this case against Gear Box Z, Inc. (“GBZ”) on the facts in the record (a record that includes no evidence its parts are used on competition motorsports), and this Court should grant the United States’ Motion for Preliminary Injunction. [/QUOTE]
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"Clean air act"
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