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anyone know if the EPA ruling will effect weather or not Don GUHL can start reflashing again??
I have not finished reading the official opinion of the court, and am far from fully understanding it (man, I hate legalese).... https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf but from what I'm hearing from other folks is that it will potentially greatly limit 3-letter agencies from making sweeping changes without express permission from Congress. i.e. the rule-making and subsequent enforcement of said rule may be heavily neutered. How this will apply to tuners and folks like Don, I can't say yet. If there are already provisions in legislation from Congress that are specific to flashing ECU's, then things may not change.

From the final paragraph of the Court's Majority opinion:
"...it is not plausible that Congress gave EPA the
authority to adopt on its own such a regulatory scheme in
Section 111(d). A decision of such magnitude and conse-
quence rests with Congress itself, or an agency acting pur-
suant to a clear delegation from that representative body.
"

That said, I don't believe there is specific verbiage in legislation from Congress about ECU tuning, as the EPA would likely have acted upon it seconds after that ink dried, so my gut says it will be possible for him to resume business. It's also highly likely that we will have a period of time when agencies like the EPA will still go against the SCOTUS ruling, thinking they can get away with it. (New York is trying to sign new laws into place that clearly violate the recent SCOTUS ruling on NYSRPA v. Bruen! :oops: ) Until that period subsides, there is still immediate risk of folks being affected by the EPA's behavior even if it's unjust. Whether he (Don) chooses to do so now, or later, or ever might be worth a phone call to him and see.

I for one, would like to see Don safe, happy and out of EPA danger firstly, but secondly would like for all of those who have used him in the past also be able to leverage his lifetime re-flashes should they need to do so. That was probably the #2 reason that many chose to use his services over other options out there.
 

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