This story was originally produced by the New Hampshire Bulletin, an independent local newsroom that allows NHPR and other outlets to republish its reporting.
New Hampshire will appeal last month’s court order directing the state’s vehicle inspection program to continue.
Attorney General John Formella submitted notice of the appeal on Tuesday, Feb. 10, according to court filings.
The notice is the latest in a lawsuit initiated by testing contractor Gordon-Darby, a Kentucky-based company that from 2004 until early February provided emissions testing equipment to inspection stations across New Hampshire.
A computerized test of pollution-reduction equipment was a central part of the state’s former vehicle inspection and maintenance program, for which the New Hampshire Legislature set a sunset date of Jan. 31 in last year’s budget bill. This fall, they announced their intent to terminate the contract with Gordon-Darby for emissions testing after the program ended; the company then brought a lawsuit against New Hampshire under the Clean Air Act.
New Hampshire Department of Safety Commissioner Robert Quinn and New Hampshire Department of Environmental Services Commissioner Robert Scott are named as defendants.
On Jan. 27, federal district court judge Landya McCafferty issued a preliminary injunction ordering New Hampshire to take steps to continue vehicle testing beyond the sunset date to comply with the Clean Air Act. But at an emergency meeting of the Executive Council on Feb. 4, councilors declined to extend Gordon-Darby’s contract, leaving the state without a way to carry out tests.
Drivers across the state were left unsure of their obligations. The state will not enforce vehicle inspections until at least April 10, according to a Feb. 4 press release, which also said it would continue to update guidance for the public. As of Feb. 10, no further guidance had been released.
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