EPA has won a first-ever preliminary injunction against an aftermarket parts manufacturer in an enforcement case, convincing a federal district judge to require the company Gear Box Z Inc. to halt the sale of all of its products that allegedly violate Clean Air Act (CAA) emissions requirements as the case proceeds to trial. Judge John Tuchi of the U.S. District Court for Arizona granted EPA's request for the preliminary injunction in a March 17 order in United States v. Gear Box Z Inc., a decision that attorneys following the case say is a significant enforcement victory because it unilaterally bars the company from selling 40 specific products, which is thought to be its entire line. A preliminary injunction is considered an extraordinary remedy, requiring a finding of "irreparable harm," that is likely to send a signal to other aftermarket parts makers that judges are willing to shut them down if their products are causing unlawful excess emissions in violation of the CAA. Additionally, the Gear Box Z litigation is the first EPA enforcement case against an aftermarket parts maker that has gone to trial since the agency elevated the issue to a National Compliance Initiative in 2019. All of the other cases have been settled through consent decrees or a default administrative judgment where companies have agreed to stop selling certain parts, but those were not ordered by a court.
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