New Hampshire is set to appeal a recent court order that mandates the continuation of the state’s vehicle inspection program. Attorney General John Formella submitted the notice of appeal on February 10, following a lawsuit initiated by Gordon-Darby, a Kentucky-based contractor that provided emissions testing equipment to inspection stations in the state from 2004 until early February.
The lawsuit stems from a decision made by the New Hampshire Legislature in its last budget bill, which included a sunset date of January 31 for the state’s former vehicle inspection and maintenance program. As part of this program, a computerized test of pollution-reduction equipment played a critical role. However, in the fall, officials in New Hampshire announced their intent to terminate the contract with Gordon-Darby, prompting the company to file a lawsuit under the Clean Air Act.
The state’s Department of Safety Commissioner Robert Quinn and Department of Environmental Services Commissioner Robert Scott are named as defendants in the case. On January 27, a federal district court judge, Landya McCafferty, issued a preliminary injunction, requiring New Hampshire to take necessary steps to maintain vehicle testing compliance with the Clean Air Act. Despite this, during an emergency Executive Council meeting on February 4, councilors opted not to extend Gordon-Darby’s contract, leaving the state without a provider for these tests.
As a result, residents are left in limbo regarding their inspection obligations. The New Hampshire government indicated in a February 4 press release that it would not enforce vehicle inspections until at least April 10, while also committing to provide updates to the public. However, by February 10, no additional guidance had been shared, leaving drivers uncertain about what to expect in the coming months. This ongoing situation highlights the complexities of ensuring compliance with environmental regulations while transitioning away from previous contracts and programs.