A federal judge has once again ruled that New Hampshire must keep its vehicle inspection program in place, rejecting the state’s attempt to pause a prior court order.
The decision, issued Wednesday by U.S. District Judge Landya McCafferty, does not immediately change conditions for drivers. Inspections remain suspended, and motorists are still not required to obtain annual inspection stickers.
However, the judge denied the state’s request to put her earlier injunction on hold. That original order directed officials not to discontinue the inspection program.
The dispute centers on the state’s decision to suspend inspections following the passage of a new state law aimed at ending the program. Gordon-Darby, the private company previously contracted to manage inspections, filed suit against the commissioners of the Departments of Safety and Environmental Services after the program was halted.
In earlier proceedings, McCafferty sided with Gordon-Darby, finding that eliminating the inspection requirement without federal approval would violate the Clean Air Act. Under federal law, states must obtain a waiver from the Environmental Protection Agency before making certain changes to emissions-related programs.
New Hampshire applied for that waiver in December. The EPA has indicated that its review could take up to 18 months.
Meanwhile, the Executive Council terminated the contract with Gordon-Darby. In her latest ruling, McCafferty acknowledged arguments from state commissioners who claim they lack authority to secure a new vendor. Still, she emphasized that officials retain the authority — and obligation — to comply with the court’s original order.
Responsibility for selecting a new contractor rests with the Executive Council. State leaders have said the program will remain suspended while they determine next steps.
The ongoing standoff has raised concerns among legal observers. Daniel Pi, a law professor at the University of New Hampshire, described the situation as unusual, noting that open resistance to a federal court order could escalate into a broader constitutional dispute.
“This implicates Article VI of the U.S. Constitution,” Pi said, referencing the Supremacy Clause, which establishes that federal law takes precedence over conflicting state actions. He added that such conflicts rarely reach this level.
For now, the practical impact on drivers remains unchanged. Inspection stations are not authorized to issue state inspection stickers, and vehicle owners are not required to undergo annual inspections while the program remains suspended.
Whether the state ultimately reinstates the system or prevails in its challenge may depend on future court rulings — and the outcome of the pending EPA waiver request.
