New Hampshire officials are asking a federal appeals court to pause a ruling that would force the state to restart its suspended vehicle inspection program.
In a filing submitted this week, commissioners from the Department of Safety and the Department of Environmental Services requested a stay while they appeal an earlier decision from a federal judge. That ruling had ordered the state to maintain its inspection and emissions testing system.
State attorneys argue the order overreaches and primarily serves the financial interests of a private contractor rather than addressing environmental concerns. In court documents, they described the case as a private dispute “masquerading” as a Clean Air Act issue.
The legal battle stems from a lawsuit filed by Gordon-Darby, the company that previously operated New Hampshire’s inspection program. The company sued after the state moved to eliminate inspections under a new law.
In January, a federal judge sided with Gordon-Darby, finding that ending emissions testing without federal approval could violate the Clean Air Act. The court ordered the state to continue the program.
However, inspections have remained suspended. The state has not secured a new vendor, and the Executive Council has already terminated its contract with Gordon-Darby.
New Hampshire has also applied for a waiver from the Environmental Protection Agency that would allow it to end emissions testing requirements. Federal officials have indicated that the review process could take up to 18 months.
In its latest filing, the state warned that enforcing inspections under a court order — rather than state law — could create confusion for drivers. Officials said motorists might face uncertainty over expired inspection stickers if enforcement resumes while the appeal is still pending.
For now, nothing changes for drivers. Vehicle inspections remain suspended statewide as the legal dispute continues to unfold.
