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Harley-Davidson settles Clean Air Act lawsuit for $15 million

Washington, DC –- Harley-Davidson will pay a $12 million civil penalty as part of a settlement with the Environmental Protection Agency for violating the Clean ...
Harley Davidson

Washington, DC –- Harley-Davidson will pay a $12 million civil penalty as part of a settlement with the Environmental Protection Agency for violating the Clean Air Act. The company is also required to buy back and destroy the aftermarket engine tuners that brought about the suit, as well as contribute another $3 million to mitigate air pollution under the deal.

The company can only sell tuning devices that are certified to meet Clean Air Act emissions standards going forward.

The EPA alleges that Harley-Davidson violated the Clean Air Act by manufacturing and selling about 340,000 devices, known as tuners, that allow users to change how a motorcycle’s engine functions. These changes can cause the motorcycles to emit higher amounts of certain air pollutants than they would in the original configuration that Harley-Davidson certified with EPA. Harley-Davidson also manufactured and sold more than 12,000 motorcycles that EPA alleges did not undergo proper EPA certification to ensure they meet federal clean air standards.

STATEMENT FROM HARLEY-DAVIDSON:

“This settlement is not an admission of liability but instead represents a good faith compromise with the EPA on areas of law we interpret differently, particularly EPA’s assertion that it is illegal for anyone to modify a certified vehicle even if it will be used solely for off-road/closed-course competition,” said Ed Moreland, Harley-Davidson’s Government Affairs Director. “For more than two decades, we have sold this product under an accepted regulatory approach that permitted the sale of competition-only parts. In our view, it is and was legal to use in race conditions in the U.S.”

“Concern for our U.S. customers and dealers weighed heavily in reaching this compromise with the EPA,” said Moreland. “By settling this matter, we can focus our future attention and resources on product innovation rather than a prolonged legal battle with the EPA.”

The $3 million will go towards a project to mitigate air pollution by replacing conventional woodstoves with cleaner-burning stoves in local communities.

Harley-Davidson, Inc., founded in Milwaukee, Wisconsin in 1903, is the largest American manufacturer of motorcycles. It is the world’s fifth largest motorcycle manufacturer. In the U.S., Harley-Davidson manufactures its motorcycles at factories in York, Pennsylvania; Milwaukee, Wisconsin and Kansas City, Missouri.

The proposed settlement, lodged in the U.S. District Court for the District of Columbia, is subject to a 30-day public comment period and final court approval. Information on how to comment on the consent decree is available on the Department of Justice website.

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