In a significant legal development, Barry Pierce, the owner of GDP Tuning LLC and Custom Auto of Rexburg LLC—operating as Gorilla Performance—has been sentenced for his involvement in tampering with diesel truck emissions control systems. This case, adjudicated in the federal court in Pocatello, Idaho, serves as a critical example of the enforcement of environmental regulations against those who flout the law for financial gain.
The Case Against Barry Pierce
From 2016 to 2020, Barry Pierce and his companies were engaged in illegal practices that violated the Clean Air Act. Pierce’s businesses were involved in “deleting” emissions control devices from diesel trucks and “tuning” the on-board diagnostic (OBD) systems to bypass the absence of these devices. These actions not only contravened legal standards but also contributed to significant environmental pollution.
The OBD system in diesel trucks is designed to monitor emissions control devices and alert the vehicle owner to malfunctions through diagnostic trouble codes and a “check engine” light. By removing these devices and reprogramming the OBD systems to ignore the modifications, Pierce’s businesses allowed trucks to emit pollutants far beyond legal limits.
Investigation and Evidence
The Environmental Protection Agency (EPA) spearheaded a detailed investigation into the operations of GDP Tuning and Gorilla Performance. Undercover operations revealed that these companies, under Barry Pierce’s direction, routinely conducted illegal “deletes” and utilized GDP Tuning products to reprogram the OBD systems. Evidence indicated that these illegal practices were widespread and systematic.
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The investigation uncovered that Pierce’s companies had sold tens of millions of dollars’ worth of tuning products across the country. From January 1, 2018, to August 7, 2019, GDP Tuning alone generated approximately $14 million in revenue from over 20,000 tuning products. This data was provided in response to EPA inquiries, highlighting the extensive nature of the illegal activities led by Barry Pierce.
Despite being warned by the EPA about the legality of their actions, Barry Pierce and his companies continued to operate in violation of the Clean Air Act. The ongoing disregard for legal requirements and environmental responsibility was a key factor in the severe penalties imposed.
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Sentencing and Penalties
The federal court’s sentencing reflects the serious nature of Barry Pierce’s offenses. Pierce was sentenced to four months in prison, a significant consequence highlighting the gravity of his violations. GDP Tuning and Gorilla Performance were sentenced to five years of probation, during which they must adhere to strict conditions set by the court. Additionally, all defendants were ordered to pay a substantial $1 million fine, emphasizing both restitution and deterrence.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division emphasized the importance of this case in enforcing environmental laws. “Barry Pierce and his companies repeatedly flouted Clean Air Act regulations, despite warnings that their conduct was unlawful,” Kim stated. The Justice Department remains committed to holding individuals and businesses accountable for such environmental violations.
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The EPA’s Office of Enforcement and Compliance Assurance also stressed the severe impact of Pierce’s actions. Assistant Administrator David M. Uhlmann noted, “Barry Pierce’s products caused thousands of tons of excess pollutants to be emitted into the air, putting our most vulnerable populations at risk.” The case highlights the broader consequences of environmental crimes and the need for stringent enforcement.
Broader Implications
The sentencing of Barry Pierce and his companies marks a significant development in environmental law enforcement. It emphasizes the federal government’s resolve to address and penalize those who undermine emissions regulations and contribute to air pollution. This case serves as a warning to other businesses engaged in similar illegal activities.
As legal actions continue to address environmental crimes, it is clear that violations of emissions control regulations carry serious consequences. The penalties for Barry Pierce, including prison time, probation, and fines, reflect the commitment to protecting the environment and upholding legal standards.
The case against Barry Pierce illustrates the rigorous enforcement of environmental laws and the serious repercussions of deliberately violating emissions control regulations. The sentencing highlights the dedication to safeguarding public health and ensuring compliance with legal requirements.
