Legal Opinion
Utah Physicians for a Healthy Env't v. Diesel Power Gear LLC
District Court, D. Utah
Decided March 12, 2019No. Case No. 2:17-cv-32PublishedCited by 5 opinions
1Opinion of the Court
ROBERT J. SHELBY, United States Chief District Judge
Plaintiff Utah Physicians for a Healthy Environment (UPHE) brought this citizen enforcement action under the Clean Air Act (CAA). UPHE claims Defendants-three businesses and four individuals-violated the CAA and federally-enforceable Utah State Implementation Plan Regulations relating to the installation, removal, operation, and sale of emission control devices on diesel vehicles.1 UPHE filed four Partial Motions for Summary Judgment.2 Defendants also moved collectively for summary judgment.3 As explained below, Defendants' motion is denied.…
2Cases cited31 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Summers v. Earth Island InstituteSupreme Court of the United States · 2009
- Massachusetts v. Environmental Protection AgencySupreme Court of the United States · 2007
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3Cited by5 opinions
- Utah Physic. for Healthy Env't v. Diesel Power GearCourt of Appeals for the Tenth Circuit · 2021
- CENTER FOR BIOLOGICAL DIVERSITY v. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILLDistrict Court, M.D. North Carolina · 2021
- Center for Biological Diversity v. Swift Beef CompanyDistrict Court, D. Colorado · 2020
- Conservation Law Foundation, Inc. v. Academy Express, LLCDistrict Court, D. Massachusetts · 2023
- Utah Physicians for a Healthy Environment v. TAP WorldwideDistrict Court, D. Utah · 2022