On June 12, 2019, the US Environmental Protection Agency (US
EPA) announced its seven enforcement
and compliance assurance priority areas for fiscal years 2020-2023.
One of the National Compliance Initiatives includes "Stopping
Aftermarket Defeat Devices for Vehicles and Engines."
Specifically, the Agency expressed that it will have a focus on
reducing aftermarket defeat device manufacture, sale, and
installation across vehicle types.
Additionally, a recent case in the U.S. District Court for the
District of Utah has the potential to broaden the reach of citizen
suits under the Clean Air Act (CAA). The court permitted a group,
the Utah Physicians for a Healthy Environment (UPHE), to bring a
citizen suit against businesses and individuals engaged in the sale
and repair of trucks for violations under 42 USC § 7522,
including provisions regarding defeat devices. Section 7522 of the
CAA, in part, prohibits any person manufacturing, selling, or
offering to sell or install
