Federal Judge Halts New Hampshire’s Initiative to Eliminate Car Inspections

A federal court judge has halted New Hampshire’s plan to end motor vehicle inspections. U.S. District Court Judge Landya McCafferty granted a preliminary injunction on January 27, preventing the state from implementing a new law that aimed to abolish the annual inspection program for non-commercial vehicles. This injunction will remain in effect until the state receives approval from the federal government, ensuring that the plan complies with the Clean Air Act.

The new law sought to eliminate annual inspections, which include tests for vehicle emissions and safety, effective Saturday, January 31, 2026. Judge McCafferty determined that unless the federal Environmental Protection Agency (EPA) approves the state’s decision to abolish the inspection program before this date, New Hampshire would be in violation of the Clean Air Act. This federal law mandates that states maintain inspection and maintenance programs to protect air quality. Notably, New Hampshire’s current program was last reviewed and approved by the EPA in 2013.

The challenge to the law was initiated by Gordon-Darby Holdings, Inc., the parent company of the vendor that has administered the program since its inception. The company holds a contract that extends until December 2026 and claims it stands to lose approximately $4.1 million if the law is enacted. In October, Gordon-Darby notified the state of its intent to sue under the Clean Air Act if the law was passed.

In her ruling, the judge ordered state officials to immediately resume the inspection program. She cautioned that they could already be in violation of federal law by informing the public that inspections are no longer required and instructing inspection stations to cease operations before obtaining EPA approval. “Unless the EPA approves a SIP [state implementation plan] amendment before January 31, New Hampshire will indisputably be violating the Clean Air Act as of that date,” the judge stated in her injunction. “The court is unaware of another case in which a regulated entity announces an intent to commence violating the Clean Air Act on a particular date, and a plaintiff is able to show a substantial likelihood that the entity’s announced violation will occur as stated.”

The new state law stipulates that the majority of the inspection program’s repeal will take effect on January 31, 2026, regardless of whether the EPA has approved it. During a recent Governor’s and Executive Committee meeting, Attorney General John Formella mentioned that he had just learned of the court order on Tuesday afternoon. He indicated that his office is currently assessing the situation and will provide “clear public guidance” for motorists and inspection stations in the coming days. In the interim, he emphasized that the state must comply by continuing the program.

To obtain EPA approval for the plan to end inspections, the state must demonstrate that air quality standards can be maintained without the emission reductions provided by the vehicle program. The state has submitted a request to the EPA for acceptance of its plan, but the agency has yet to act on it.

Since the law was passed in June, the number of inspections conducted in the state has steadily declined each month. For instance, in July 2025, inspections were down 10% compared to July 2024. The decline continued with decreases of 17% and 16% in August and September, respectively. By October, the drop reached 24%, and November saw a staggering 33% decrease from the previous year.

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A federal court judge has halted New Hampshire’s plan to end motor vehicle inspections. U.S. District Court Judge Landya McCafferty granted a preliminary injunction on January 27, preventing the state from implementing a new law that aimed to abolish the annual inspection program for non-commercial vehicles. This injunction will remain in effect until the state receives approval from the federal government, ensuring that the plan complies with the Clean Air Act.

The new law sought to eliminate annual inspections, which include tests for vehicle emissions and safety, effective Saturday, January 31, 2026. Judge McCafferty determined that unless the federal Environmental Protection Agency (EPA) approves the state’s decision to abolish the inspection program before this date, New Hampshire would be in violation of the Clean Air Act. This federal law mandates that states maintain inspection and maintenance programs to protect air quality. Notably, New Hampshire’s current program was last reviewed and approved by the EPA in 2013.

The challenge to the law was initiated by Gordon-Darby Holdings, Inc., the parent company of the vendor that has administered the program since its inception. The company holds a contract that extends until December 2026 and claims it stands to lose approximately $4.1 million if the law is enacted. In October, Gordon-Darby notified the state of its intent to sue under the Clean Air Act if the law was passed.

In her ruling, the judge ordered state officials to immediately resume the inspection program. She cautioned that they could already be in violation of federal law by informing the public that inspections are no longer required and instructing inspection stations to cease operations before obtaining EPA approval. “Unless the EPA approves a SIP [state implementation plan] amendment before January 31, New Hampshire will indisputably be violating the Clean Air Act as of that date,” the judge stated in her injunction. “The court is unaware of another case in which a regulated entity announces an intent to commence violating the Clean Air Act on a particular date, and a plaintiff is able to show a substantial likelihood that the entity’s announced violation will occur as stated.”

The new state law stipulates that the majority of the inspection program’s repeal will take effect on January 31, 2026, regardless of whether the EPA has approved it. During a recent Governor’s and Executive Committee meeting, Attorney General John Formella mentioned that he had just learned of the court order on Tuesday afternoon. He indicated that his office is currently assessing the situation and will provide “clear public guidance” for motorists and inspection stations in the coming days. In the interim, he emphasized that the state must comply by continuing the program.

To obtain EPA approval for the plan to end inspections, the state must demonstrate that air quality standards can be maintained without the emission reductions provided by the vehicle program. The state has submitted a request to the EPA for acceptance of its plan, but the agency has yet to act on it.

Since the law was passed in June, the number of inspections conducted in the state has steadily declined each month. For instance, in July 2025, inspections were down 10% compared to July 2024. The decline continued with decreases of 17% and 16% in August and September, respectively. By October, the drop reached 24%, and November saw a staggering 33% decrease from the previous year.

Topics
Auto
Legislation