Gordon-Darby Drops Lawsuit but Plans New Action Against New Hampshire over Vehicle Inspections

In its withdrawal notice, Gordon-Darby asserted that New Hampshire is now unquestionably in violation of the federal Clean Air Act.

The Kentucky-based company, Gordon-Darby, which managed New Hampshire’s mandatory vehicle inspection program, has withdrawn a lawsuit regarding the shutdown of the program but is set to initiate a new legal challenge. Last month, the First U.S. Court of Appeals temporarily halted a lower court decision that would have required the state to continue the inspection program, which officially ended on January 31 due to recent legislation.

The company dismissed its original lawsuit due to procedural concerns raised by the appellate court, stating that it was filed prematurely as the state had not finalized the cancellation of the program at that time. Gordon-Darby intends to resolve this technical issue by giving New Hampshire officials a required 60-day notice before refiling in July if inspections are not reinstated.

In its withdrawal notice, Gordon-Darby asserted that New Hampshire is now unquestionably in violation of the federal Clean Air Act, as the suspension of its vehicle inspection and maintenance program is inconsistent with the state's federally enforceable clean air strategy. The state’s termination of the program follows a decision from the Executive Council to not extend Gordon-Darby’s contract and is part of a broader legislative move to eliminate inspections across New Hampshire by January 31, 2026.

Despite acknowledging conflicts between the program's halt and federal regulations in court documents, state officials maintain that inspections cannot continue without a vendor contract. Gordon-Darby emphasizes the critical role of the inspection system in curbing pollution, citing previous state reports to the Environmental Protection Agency that highlight the program's success in reducing harmful emissions across the state.

Currently, vehicle inspections remain on hold while the legal matters progress through federal courts.