you or sends you a letter requesting a lot of confidential dealership information, what do you do? Here are a few tips: • Ask for written requests. ⸰ If contacted by phone, do not provide substantive information on the call. Request that the inquiry be put in writing. • Do not ignore an EPA letter. ⸰ The EPA has broad investigative authority. If needed, request an extension, but respond by the deadline, even if your response is partial. • Involve counsel immediately. ⸰ Engage counsel with Clean Air Act experience. If your regular counsel lacks this background, ask for a referral to a CAA specialist. • Notify your insurer. ⸰ Contact your garage keeper’s carrier. Coverage may be available, and the insurer may provide counsel even if fines are not covered. • Take corrective action and document good faith. ⸰ In consultation with counsel, review and correct issues promptly. This may not prevent enforcement, but can mitigate consequences and demonstrate good faith. • Protect confidentiality and object where appropriate. ⸰ Anything submitted to the EPA becomes a public record. You can raise targeted objections (e.g., overbreadth, relevance, undue burden, lack of authority). ⸰ Protect confidential business information and legally protected personal data. Clearly mark all produced records “Confidential Business Information.” BOTTOM LINE Given the current enforcement posture and penalty structure, Montana dealers should assume that any involvement with deleted vehicles carries outsized legal and financial risks that are high and increasing. For Montana dealers, the safest course is to stay out of the deleted vehicle market entirely. The Smith Law Firm provides quality legal services to our clients through our stability, professional standards and competent attorneys and staff. They are here to serve Montana’s auto dealers. To learn more, please visit smithlawmt.com or email Jim Sewell at jsewell@smithlawmt.com or Craig Charlton at ccharlton@smithlawmt.com. 12 MONTANA AUTO DEALER
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