‘Diesel Brothers’ Heavy D Claims Victory, Released From Jail – the Whole Story

testerdahl

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After being taken into custody last Tuesday, “Diesel Brothers” Heavy D has been released and is claiming victory over his fight against environmental lawyers. Diesel Brothers was a popular TV show on the Discovery Channel and Heavy D is a popular Diesel engine influencer and business owner. He and his lawyer have both posted Instagram videos sharing their sides of the story. The group that sued them also has their side of the story. What was this case about? Here is a quick recap of the case. In 2017, a group called the Utah Physicians for a Healthy Environment (UPHE) […] (read full article...)
 
A few things I found interesting:

1. The physicians group. Every single source from the first story called them green scum environmentalists. Heavy D and his lawyer called them that as well. Not once did UPHE state that was their intent on their website. Unless something changed in court that's in a sealed document, I'm not sure where that came from.

Now the attorney, sure I can buy that accusation. He is listed as "Reed Zars is one of the top rated Environmental Litigation attorneys in Laramie, WY" on Google.

2. The fact the case was a civil action of the Clean Air Act and not a criminal case.

I've had MANY people tell me it is now legal to delete your diesel because nobody is around to enforce the law. Yet, I see now that's a load of BS. Sure, the EPA may be lax with this current administration from a criminal POV, but not a civil matter. The fact this case was brought to court during the prior Trump administration, again a lax environment, and was a brought as a civil matter, that should give diesel delete people some pause. Especially after President Trump made the announcement on social media to turn in your neighbor if you thought they were doing some illegal.

What am I missing? Let's say I'm rich and I have a thing about public health or the environment. I see a neighbor with a deleted diesel. What is going to stop me from calling say Reed Zars and suing my neighbor under a civil action like what happened to Heavy D? Nothing as far as I can tell.

3. I'm serious about attorney fees. I get an email every Monday IIRC with class-action lawsuit updates. It seems like every week or two there is a judge mad at some attorney for absurd overages. While I applaud what Heavy D did to highlight the issue, unless Congress takes it up, I don't see it changing.

What do you guys think? I found the story pretty damn interesting obviously.
 
To me it's one of those things....it's law on the books so if one wants to take it to civil court they can, even if the law doesn't want to prosecute or finds the plaintiff not-guilty. Pretty much the same for any of those "wrongful death" suits like OJs. Or going after a dealership if you get screwed. Not guilty in criminal court is one thing, civil can be very different. Change the law and we lose a lot of power to seek damages.
 
Just a quick follow-up, I was recently in Phoenix at the RAV4 drive and was asked by a lot of people about this story including Tommy from TFL. We had a long chat about it actually from an editor's perspective on whether or not to cover the news.

From my perspective, I had covered the UAW strike, tariffs, diesel emissions, CAFE rules changes, etc... I felt that if I ignored this story what would it say about how I choose my coverage? I'm biased because maybe people don't think I like the guy (never met him so that's pretty unfair to say) or I'm afraid to report on it because he has 40 times the amount of followers than I do? Nah. This was news and I thought it was of interest to truck fans especially in light of the recent emissions news from the EPA. It met all the news criteria I was taught in college.

"Key elements that make a story newsworthy include timeliness, proximity (local relevance), prominence (involving well-known people), consequence (impact on many people), conflict, and oddity or human interest."

I realize I probably alienated some viewers (probably could have done things differently from the start), but from my perspective, I can tell you, I gained a lot more viewers and this story was the talk at every table I sat at every night. And I could sleep at night knowing we did a solid job at the end with this work referenced above. People were really engaged and talking about the story, not my coverage of it. It was a hit amongst the journalists there and it stood out to many of them as the story of the month they read or watched the video on. Far more interesting in their view than any review or other thing they had seen recently.
 
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