A federal judge has ordered New Hampshire to continue its vehicle inspection program, halting a planned repeal over Clean Air Act concerns.
CONCORD, N.H. (MyKeeneNow) New Hampshire’s annual motor vehicle inspection program will remain in place for now after a federal judge on Tuesday blocked the state from ending the requirement, ruling that eliminating inspections without federal approval would likely violate the Clean Air Act.
U.S. District Judge Landya McCafferty issued a preliminary injunction ordering the state “to take all steps necessary to resume and ensure the continued implementation and enforcement” of its vehicle inspection and maintenance program, which had been scheduled to end Saturday under a law passed last year.
The ruling came in response to a lawsuit filed by Gordon-Darby Inc., the Kentucky-based company that administers New Hampshire’s inspection system. The company argued that the state cannot discontinue inspections — which include emissions-related checks — without approval from the U.S. Environmental Protection Agency.
In her decision, McCafferty noted that both the state and the plaintiff agree New Hampshire would be out of compliance with the federal Clean Air Act if it eliminated the program without EPA authorization. While the New Hampshire Department of Environmental Services requested that approval on Dec. 24, the EPA has not yet acted, the judge wrote.
The injunction halts the immediate impact of the Legislature’s repeal of the inspection statute and preserves the existing program while the case proceeds in federal court.
Nicole Colson is the editor-in-chief of MyKeeneNow. She can be reached at 603-352-9230, X-322.
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