After its case stalled out in the U.S. First Circuit Court of Appeals, the company suing New Hampshire over the end of the motor vehicle inspection program announced Friday that it will jump start its legal case with a fresh lawsuit.
Kentucky-based Gordon-Darby was the state’s lone partner for emissions testing, operating under a contract that awarded it a slice of revenues from every test. When the state legislature voted to end the inspection mandate, the company sued, arguing New Hampshire was violating the Clean Air Act. While it initially prevailed in a lower court, late last month the federal appellate court ruled the company failed to meet its legal burden in proving the state was in violation of the law.
This week, the company said it was voluntarily withdrawing its lawsuit, and instead plans to file a fresh complaint to correct what it considered a “technicality.”
“The core arguments of the case, namely that New Hampshire is in violation of the environmental protections the federal [Clean Air Act] provides, remain at the center of the dispute,” the company said Friday.
The practical effect on motorists, for the time being, is nothing. Since Feb. 1, the state has not been enforcing vehicle emissions and safety inspection testing, and the state’s automobile repair shops are unable to perform formal testing. Despite the repeal of mandatory inspections, motorists are still required to operate safe vehicles, meaning cracked windshields or bald tires can still result in a ticket.
In March, the Trump administration announced it would fasttrack New Hampshire’s application to end emissions testing under the Clean Air Act, with a ruling possible by the end of the year, following a public comment period.
