A federal judge is expected to decide soon on whether New Hampshire can proceed with its plan to end mandatory motor vehicle inspections on Jan. 31, or if doing so would put the state out of compliance with the federal Clean Air Act.
Lawyers for Gordon-Darby, the Kentucky-based firm that provides emissions testing equipment to more than 1,000 automobile repair shops statewide, told Judge Landya McCafferty on Thursday that the state’s termination of vehicle testing requires approval from the federal Environmental Protection Agency, something the state has not yet obtained.
Until New Hampshire receives that permission, said Allison Wood, Gordon-Darby’s attorney, emissions testing “remains enforceable under federal law.” A spokesperson for the EPA has said it could take as long as 18 months for the federal government to rule on the state’s request to end mandatory vehicle inspections.
Lawyers for the state contend that the company can’t yet seek to block the repeal of inspections because, for at least through the end of this month, those inspections are still mandatory.
They also told the judge that a decision from the EPA may not take a full 18 months: “This is not an ordinary case,” said Mark Lucas, an assistant attorney general for New Hampshire.
After hearing nearly two hours of arguments on a request to block the repeal of testing, McCafferty said she was concerned about “whiplash” for motorists who have been told inspections were set to expire. She also questioned the state on why it took six months from the passage of the repeal for it to submit its request to the EPA. McCafferty is expected to decide on Gordon-Darby’s request for an injunction blocking the repeal of testing by the end of the month.
Republican lawmakers in Concord included a provision ending mandatory inspections as part of the state budget passed last summer. Supporters said that there was little evidence that unsafe vehicles were the leading cause of crashes in the state, and that motorists should have the choice of whether or not to have their vehicles serviced.
Local car dealers and automobile repair shops, as well as personal injury lawyers, have warned about an inevitable increase in unsafe vehicles on New Hampshire roads without mandatory inspections. Some mechanics have said they plan to offer voluntary inspections for drivers who want their vehicle looked over.
Following the passage of the state budget, which contained the repeal of inspections, the New Hampshire Department of Safety and Department of Environmental Services began the process of submitting a request to the federal government to waive the emissions standards. But that formal request was not submitted until December. Before the EPA can approve or deny the state’s application, it will need to collect public comment on the matter.
Starting Feb. 1, New Hampshire will be in violation of the Clean Air Act if it no longer requires inspections, lawyers for Gordon-Darby said in court.
Gordon-Darby has a longstanding contract with New Hampshire to be the sole provider of emissions testing equipment, but there is no direct financial arrangement. Instead, Gordon-Darby receives a payment directly from repair shops each time they perform an inspection. In 2026, the firm expected to generate more than $4 million in revenue, money now in jeopardy.
Lawyers for the state told McCafferty that Gordon-Darby has the right to sue if it feels there has been a contractual violation, but that it doesn’t have standing to sue the government under provisions of the Clean Air Act.
Thursday's hearing did not focus on the environmental impact of ending emissions testing. Data provided by the state shows that about 5% of vehicles have failed inspection due to excessive tailpipe emissions, on average, over the past 5 years, and that the number continues to decline, likely because more electric vehicles are on the roads.
With the Jan. 31 deadline looming, many New Hampshire drivers have already begun skipping inspections. Gordon-Darby said that in November, there were 33% fewer inspections performed than in the same month last year, despite the mandate still being in effect.
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