InDepthNH.org (https://indepthnh.org/2026/01/28/judge-halts-new-law-ending-vehicle-inspections-ag-says-be-on-the-lookout-for-guidance/)
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Attorney General John Formella
By PAULA TRACY, InDepthNH.org
CONCORD – Attorney General John Formella told the governor and Executive Council that residents should not go out and have their vehicles inspected immediately as his department looks into a federal court order that halts implementation of the new law doing away with inspections.
In a 44-page order Tuesday, U.S. District Court Judge Landya McCafferty enjoined the state from implementing the law that was to go into effect Saturday eliminating the requirement for annual vehicle inspections and onboard diagnostic testing.
The suit was brought by Gordon-Darby Holdings, which has a five-year contract to run the state vehicle inspection program. That contract, approved by the council, was to expire at the end of this calendar year.
At Wednesday’s Governor and Executive Council meeting, Formella said his office learned of the ruling Tuesday afternoon and was analyzing what steps the state should take, including any legal action.
Executive Councilor Karen Liot Hill, D-Lebanon, asked what this injunction means to the public. Formella said it is essentially enjoining the state from suspending its vehicle inspections and to take all necessary steps to resume the program.
“We are certainly going to have some review,” Formella said and was working with the state Department of Environmental Services Wednesday afternoon to review the order. The state was in the process of asking for a waiver of the Clean Air Act.
“We have to evaluate our litigation options,” Formella said, “and what we do to carry out the policy of our elective leaders. We are working very hard to sort it.”
Liot Hill then asked whether people should assume they still need to get their vehicles inspected after Feb. 1.
Formella suggested the public “be on the lookout for guidance. We are working on this.”
Liot Hill said the injunction was “totally foreseeable.”
“Here we are creating uncertainty for the public,” she said.
Executive Councilor John Stephen, R-Manchester, asked Formella if the injunction addressed whether or not the state needs to go back to having Gordon-Darby Holdings run the program.
Formella said the company has received a termination letter from the state and that McCafferty’s ruling did not address the contract.
“Do we have to go back with this vendor? It must come back to this body,” Stephen said.
Formella said that at the Department of Justice “we are looking at the short-, medium- and long-term measures.”
After the meeting House Majority Leader Jason Osborne, R-Auburn, said, “House Republicans will not give up on freeing you from the burdensome inspection mandate, and that’s why today we’re proposing the Live Free and Drive Amendment.”
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“You have my word. We are already taking steps to protect you from this activist judge’s injunction,” Osborne said in a news release. He didn’t provide details.
ICE AND LOCAL LAW ENFORCEMENT
Liot Hill also peppered Formella with questions related to local law enforcement and agreements that some entities have with the federal government to help federal Immigration and Customs Enforcement uphold federal law.
She asked when a trooper or local police officer whose agency is under a federal 287 (g) agreement, is the officer under local or federal oversight, are the local or state officers required to have their name and agency identified while acting in such agreements and what is the protocol if there is a lethal encounter.
Who would investigate those incidents, Liot Hill asked.
“I think it is important,” Liot Hill said. “There is real ambiguity….when they are operating under these agreements.”
Republican Gov. Kelly Ayotte she would be happy to have Formella answer Liot Hill’s questions but noted this was not a matter on the agenda.
Formella said the 287 (g) agreements generally authorize cooperation with ICE and are in the course of the officer’s regular duties. He said generally these officers are working for their home agency and state protocol that has them identified would likely continue.
Formella said as the state’s chief law enforcement officer he would look very closely at any use of any lethal force.
“I will always execute my authority,” Formella said, though he could not answer hypotheticals.
Liot Hill said the majority of people in New Hampshire are extremely concerned about how ICE is acting referring to protests in Minnesota where two Americans have been killed by ICE agents.
There are 13 entities in New Hampshire which have signed agreements with ICE.
She said individual law enforcement officers “did not sign up to enforce federal immigration law.”
Ayotte said there are differences between the situation in Minneapolis and New Hampshire in that there is communication between all agencies.
“Thanks for your answer,” Ayotte said to Formella and then noted, “I also appreciate that the officers want to have as much information as possible. We cooperate very well and share information to protect officers. What you see happening elsewhere is not happening here because we have that communication.”
NOMINATIONS
In addition to nominations of Daniel Will of Loudon to the state Supreme Court, succeeding Justice Anna Barbara Hantz Marconi of Stratham; Christopher Ellms Jr. as Public Utilities Commission Chair, replacing Daniel Goldner of Manchester; Diana E. Fenton of Mont Vernon to the position of Child Advocate, replacing Cassandra Sanchez; and Lucy Lange of Bedford as Commissioner of the Department of Business and Economic Affairs, replacing Taylor Caswell, Ayotte nominated three individuals to the Division of Ports and Harbors Advisory Council within the Pease Development Authority. They are Erik Anderson of Portsmouth as a reappointment and Joshua Ford of North Hampton and Vincent Taccetta of Newington to assume vacant positions.
RESIGNATION
Chase Hagaman of Bow has resigned as the state director Economic Development within the Department of Business and Economic Affairs. Councilor Janet Stevens, R-Rye, offered thanks for his work and said he has played a pivotal role in recruiting national companies within her district. He also worked during COVID19 to disburse almost $2 billion in relief.
Councilor Liot Hill also offered thanks for his leadership during that difficult time. Councilor Joe Kenney, R-Wakefield, offered his thanks and said he will continue public service at the NH Housing Finance Authority.
CONFIRMATIONS
John W. Caveney of Spofford was confirmed for another term as Cheshire County representative to the NH Fish and Game Commission.
The council also approved Lynne F. Blankenbeker of Concord to the Adult Parole Board, succeeding Roger Phillips of Concord for a term through September, 2030 with a salary of $118,352.
ROCHESTER CHILDCARE CENTER HONORED
The governor gave a commendation to Rochester Childcare Center for its nearly 50 years of devoted service to children and community. The center serves about 300 children annually. Ayotte said since 1976 it has offered “high quality, affordable childcare.”
MOMENT OF SILENCE FOR MCAULIFFE, BAINES
The council meeting began with a moment of silent for the late Mayor of Manchester Bob Baines and Christa McAuliffe, a Concord teacher and NASA payload specialist who died 40 years ago in the Space Shuttle Challenger explosion.
Ayotte said the two represented the “best of public service.”
MORE MONEY TO PLOW AND THANKS TO DOT
Ayotte congratulated state plow drivers for their work during the long storm earlier this week that dropped more than a foot of snow and approved almost $10 million for more materials to treat the roads throughout the winter.
Both Executive Councilors Stevens and Liot Hill rode along with plow drivers during the storm Sunday.
Liot Hill thanked Commissioner of Transportation Bill Cass and said she learned what it takes to plow snow.
Cass said he typically budgets for a three-year average winter plowing needs but this year is higher as the winter started earlier “and kept going.”
He said they have been monitoring costs. It may be that he has to come back for additional costs later in the winter but this was their best guess for now.
REPAVING PROJECTS GET GREEN LIGHT BUT CONCERN FOR COST
Stevens asked about an $8.4 million repaving project to Pike in the Lakes Region which came in way over estimate and in her research found the vendor had a number of past environmental violations at their facilities.
Cass said they looked hard at the bid which was the sole bid for the project but it is comparable to other projects including a $9.7 million resurfacing project in the Pembroke area and felt relatively confident. He said he will look at her concerns about past environmental violations.
“I would like to know, preferably in real time, but if there is a past violation I think the council should know that,” Stevens said, adding there is a pattern.
Councilor John Stephen said he does not see DOT being fiscally responsible in awarding projects at a time when budgets are slim.
Cass said the department is looking hard at the projects and it is a low bid environment.
A project that was approved Wednesday was $14.2 million for work on I-93 in Manchester and Hooksett this coming year with Continental Paving. The same company also received the $9.7 million project in the Pembroke area as the low bid contract.
The council approved $35.9 million for another project on I-93 in Franconia with Alvin Coleman and Sons of Conway and a $2.9 million bridge and roadway replacement on the F.E. Everett Turnpike in Nashua, Merrimack and Bedford.
Councilor David Wheeler, R-Milford, asked about an accounting of contingency funds and how much was used. Cass said a list for the year will be brought to the council table likely in two weeks. Cass announced previously he is retiring in February.
CAPTIVE REARING OF NEW ENGLAND COTTONTAILS FUNDED
The council approved a $42,000 contract with Wildlife Management Institute of Cabot, Vt. to implement a captive rearing and genetic monitoring program for the New England Cottontails whose numbers are in decline. These particular rabbits are on the state endangered species list. A link to the contract is here https://media.sos.nh.gov/govcouncil/2026/0128/058%20GC%20Agenda%20012826.pdf
DEATH BENEFIT AWARDED TO THE ESTATE OF LT. AARON COOPER OF KEENE FIRE DEPT
The council approved a $100,000 death benefit for the family of the late Lt. Aaron Cooper of the Keene Fire Department after the state found his June 11 death was in the line of duty. His wife, Rachel attended the meeting and the governor thanked her and said she will remain in their prayers.
HALFMOON LAKE MANAGEMENT PLAN FUNDS APPROVED
The council approved $75,000 for the first phase of a watershed-based management plan with the Halfmoon Lake Associations. These plans are considered the first step in dealing with issues related to cyanobacteria. The lake is located in Alton and Barnstead.
HOUSING REHAB PROJECTS OK’d FOR SULLIVAN COUNTY
The council approved $300,000 for Sullivan County to rehab 25 units of multi-residential housing. A link to the project is here.https://media.sos.nh.gov/govcouncil/2026/0128/038%20GC%20Agenda%20012826.pdf
QUESTIONS ABOUT RETURN ON INVESTMENT FOR STATE TOURISM ADVERTISING
The council tabled for two weeks a $500,000, two-year contract with a national firm to “deliver clear, actionable data to measure return on investment” to the state in its tourism advertising.
This follows a $16 million contract signed last June with the Manchester firm GYK that looks at the ads’ effectiveness, but does not do the sort of data dive that Strategic Marketing And Research Insights (SMARI) does.
Some councilors said they were concerned this may be a duplication of efforts and wanted to get more information about the GYK contract.
James Key Wallace, acting commissioner of the state Department of Business and Economic Affairs, recommended the council sign the contract and said he did not believe the work they do can be replicated in-house with state employees. He said 40 states use this vendor.
Stephen noted the governor has nominated Lucy Lange of Bedford as the new commissioner of BEA and perhaps she could look into it. Ayotte noted that Lange has an extensive background in advertising.
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by PAULA TRACY, InDepthNH.org, InDepthNH.org
January 28, 2026
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