New Hampshire faces lawsuit over vehicle inspection law repeal

(The Center Square) — New Hampshire is being sued by a private company that manages the state's vehicle inspections after lawmakers approved a plan to eliminate the program by the end of the year. 

Gordon Darby Holdings, Inc., a Kentucky-based firm which conducts the state’s yearly emissions tests of cars, trucks and SUVs, has filed a 60-day notice of intent that it plans to file a lawsuit asking a U.S. District judge to block a new law ending the mandate, claiming it would violate the federal Clean Air Act. 

Gov. Kelly Ayotte signed a two-year budget in June that repealed the mandatory safety and emissions inspection requirements for cars and trucks. Those changes are set to go into effect Jan. 1, 2026. 

The company informed the state Department of Environmental Services that it will take New Hampshire to court and seek a declaratory judgment if the agency applies to federal officials to leave the Ozone Transport Region, a pact that requires states to take steps to reduce tailpipe pollution. Leaving the regional greenhouse gas emissions pact would violate federal environmental laws, the group claimed. 

“The plain terms of the CAA explicitly require New Hampshire to include such a program in the State Implementation Plan," Gordon-Darby lawyers wrote in a notice to the state agency.

Last month, the state agency informed Gordon-Darby that it is terminating its agreement with the company, which was first awarded a contract to administer the inspection program more than 26 years ago. 

The agency also posted proposed new rules for the state's vehicle emissions program and held a public hearing last week to solicit feedback on the changes. 

State environmental officials say New Hampshire will remain in compliance with the Clean Air Acts provisions to reduce tailpipe pollution even after the vehicle inspection mandate goes away. 

But the move has also faced a backlash from auto dealerships who say it will hurt sales and from environmental groups who say it will contribute to excess carbon emissions that scientists say are contributing to a warmer planet.  

Republican lawmakers who pushed the measure through the GOP-controlled Legislature earlier this year defended the move and said the lawsuit confirms the issue is about money, not protecting the environment or public safety. 

"A Delaware company using a DC lawyer to sue New Hampshire because they won't be able to get their inspection grift on anymore is peak bull@$%#," state Rep. Ross Berry, a Waere Republican, posted on social media. "It was never about safety, it was always about money and this proves it."