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Courthouse News Service ’ s Same Ribakoff has reported that a federal judge in Utah has ruled that an environmental nonprofit has standing to pursue most of its claims that Harley-Davidson dealerships that sell motorcycles without catalytic converters in the Wasatch Front area of the state are polluting the air . The nonprofit cannot continue with its claim that the motorcycles are so loud they violate federal law .

Ribakoff shares : In his 68−page order , U . S . District Judge David Barlow also said that the plaintiff , Utah Physicians for a Healthy Environment , presented sufficient evidence to show that motorcycles without catalytic converters contribute to ozone and PM2.5 pollution and that people in the north-central part of the state are injured by the elevated levels of pollution in the area .

PM2.5 is a kind of fine particulate matter that can get deep into people ’ s lungs and bloodstream , causing cardiovascular , respiratory , and other health problems .

“ Motorcycle exhaust contributes to and prolongs the poor air quality in Utah that has been linked to serious diseases that range from short-term increased rates of heart attacks , strokes , and death to long-term neurodegenerative diseases like Alzheimer ’ s ,” the plaintiffs wrote in their complaint .

PM2.5 pollution , they add , can cause vision impairment , reduction of lung capacity , sinus irritation , coughing spells , foul smells , nose and throat irritation , lung damage , bronchitis , and even early death .

However , Barlow said the plaintiffs only have standing where they can prove that the dealerships removed or modified required pollution emission control parts from their bikes , and that they are or will be used in or around the Salt Lake City / Wasatch Front area .

“ It ’ s a long decision ,” said Reed Zars , one of the attorneys for the plaintiff , Utah Physicians for a Healthy Environment . “ We ’ re prepared to go to trial on the Clean Air Act issues in particular .”

In 2022 , Utah Physicians for a Healthy Environment filed the lawsuit against four different Harley-Davidson dealerships in the Wasatch Front area . The nonprofit said the dealerships — all owned by the same majority owner under two limited liability companies — removed required emission and noise control devices from both bikes at the request of customers and replaced them with aftermarket “ defeat ” devices that bypass emission control devices in violation of federal air and noise pollution standards .

While Barlow allowed the violations of air pollution claims to move forward to trial , he denied the plaintiff ’ s preliminary injunction motion , and ruled the plaintiff cannot continue with its claim that the dealerships sold motorcycles that were so loud , they violated the federal Noise Control Act .

There is evidence that the plaintiffs in the Salt Lake City / Wasatch Front area are affected by the noise from loud motorcycles , and that the defendant ’ s dealerships sell and install parts that are loud , but the plaintiffs didn ’ t prove that they were affected specifically by noise from the defendants ’ motorcycles .

“ 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 ,” Barlow , a Donald Trump appointee , wrote .

A federal judge has allowed the claims of violations of air pollution by Utah Harley- Davidson dealerships to move forward to trial . Photo courtesy of Harley-Davidson

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