Attorneys representing Gordon-Darby have filed a motion in federal court in Concord, requesting that New Hampshire face contempt charges for failing to adhere to a judge’s injunction mandating the continuation of the state’s vehicle inspection program. The company alleges non-compliance threatens the implementation plan outlined under the federal Clean Air Act.

On February 4, the Executive Council, which shares governance with the state’s governor, voted narrowly against Attorney General John Formella’s recommendations, opting not to extend the existing contract with Gordon-Darby, which manages the inspection program. The meeting resulted in a 3-2 decision, with Councilors Joseph Kenney, John Stephen, and David Wheeler supporting the motion against the contract extension. In contrast, Councilors Karen Liot Hill and Janet Stevens opposed the measure.

In their recent court document, the plaintiffs point out that New Hampshire has not proposed a viable strategy to resume the inspection program, which is critical for meeting federal regulations. The filing emphasizes the importance of the court’s orders, urging for civil penalties to be imposed if the state continues to neglect its obligations. The motion also includes a request for reimbursement of legal expenses incurred by Gordon-Darby in enforcing compliance with the court ruling.

On February 13, the Attorney General’s office communicated that the vehicle inspection program’s suspension would remain in effect indefinitely. Inspection stations have been informed they are not authorized to issue state inspection stickers, and while vehicle inspections are not currently required, drivers still hold the legal responsibility to ensure their vehicles are safe.

Formella previously articulated that ceasing the inspection program without an EPA waiver would put the state at risk of violating federal law and could result in financial penalties. In January, U.S. District Court Judge Landya McCafferty had issued a preliminary injunction mandating that New Hampshire keep the inspection program operational.

Liot Hill criticized the decision to end the program, warning legislators that it could create legal challenges, as confirmed by communications from the Department of Environmental Services. She indicated it might take up to a year to obtain a waiver from the EPA, and noted that a request for this waiver was submitted on December 24.

Liot Hill emphasized the importance of adhering to legal counsel during litigation, asserting that following the Attorney General’s advice to temporarily extend the contract with Gordon-Darby would have facilitated compliance with both the judge’s order and federal regulations, thereby alleviating ongoing legal issues and potential costs to taxpayers.