A Wilton woman with asthma is suing the state of New Hampshire over its decision to end annual motor vehicle safety and emissions inspections, claiming she’s noticed a deterioration in the state’s air quality since the program was suspended in February.
The suit, which was filed in federal court under a provision of the Clean Air Act, was joined by Gordon-Darby, the company that previously had a contract to provide emissions testing equipment for New Hampshire mechanics.
The woman behind the lawsuit, Marilyn Jonas, is asking the court to reinstate the inspection program and impose financial damages.
"The Clean Air Act has pretty much been a big part of my life because when I was young, it was not a thing, and now it is,” Jonas said in an interview. “And I've watched the air get cleaner and cleaner through my lifetime, and I don't want to go backwards."
Lawyers for the government haven’t yet responded in court.
Republican lawmakers included an end to emissions testing in the two-year state budget signed into law last year by Gov. Kelly Ayotte. Backers of the move pointed to advancements in vehicle safety and emissions in recent decades. They also said ending mandatory vehicle inspections would be a win for personal freedoms. Some mechanics warned that the end of inspections could lead to more unsafe vehicles on the roads.
Gordon-Darby previously filed its own lawsuit, alleging that because the state failed to first obtain the federal government’s permission to alter its emissions program, it was in violation of the Clean Air Act. A lower court judge initially agreed, though she declined to levy potential fines. An appeals court later overturned that ruling, in part because of statements made by the Trump Administration that it would fast track the state’s request to end emissions testing.
According to her lawsuit, Jonas has been exposed to diminished air quality while working on a family-owned farm and harvesting mushrooms near her home. A lifelong asthmatic, Jones alleges in the lawsuit that her health is “negatively impacted” by alleged increase in ozone concentrations from the six-month pause in vehicle inspections.
For motorists, Jonas’ lawsuit does not change the current regulatory landscape: Drivers have no way to get their vehicles inspected in New Hampshire, even if they wanted to, and law enforcement are not enforcing the inspection laws.
