Yesterday, the United States District Court denied the State’s request to stay (pause) the preliminary injunction issued in the Gordon-Darby matter. As a result, the court’s prior order remains fully in effect.
What This Means for Members
Any updates regarding enforcement or implementation of the inspection program are being communicated through the Department of Justice (DOJ). As of this writing, the DOJ has not issued new guidance following the court’s decision.
NHADA will continue to monitor developments and provide updates as the appeal process moves forward and additional guidance becomes available.
Court Order (Summary)
The court previously issued a preliminary injunction requiring State officials to resume and continue implementation and enforcement of New Hampshire’s EPA-approved Inspection/Maintenance (I/M) program. The recent ruling keeps that order in place.
The State’s Request (Summary)
After the injunction, the State asked the court to pause enforcement while pursuing an appeal, arguing it lacked authority and available options to restart the program following the end of the Gordon-Darby contract. The court rejected that request.
Gordon-Darby v. New Hampshire (Background)
Gordon-Darby filed suit in December 2025 after New Hampshire repealed laws authorizing the I/M program through HB2. The company argues the State cannot end the federally required program without prior EPA approval. The court has expressed concern that the program was repealed without federal approval and that public messaging conflicted with its orders.
For a more complete background on this situation, please visit our Inspection Program Information Hub.