What happened
In late 2025, Gordon-Darby filed a federal lawsuit against the State of New Hampshire challenging the legislature’s repeal of the annual vehicle inspection program. The lawsuit does not concern the state’s contract with Gordon-Darby. Instead, it alleges that the repeal was implemented without first obtaining required approval from the U.S. Environmental Protection Agency (EPA), as mandated by the federal Clean Air Act.
Under the Clean Air Act, states must receive EPA approval before making certain changes to air pollution control programs, including vehicle emissions testing. Gordon-Darby argues that New Hampshire’s repeal of the inspection program violated these federal procedural requirements.
Court ruling
After a hearing on January 22, 2026, U.S. District Judge Landya McCafferty on Tuesday afternoon has granted a preliminary injunction in the case. This means the court has ordered that the repeal of the inspection program be temporarily paused while the lawsuit proceeds. In the ruling, McCafferty ordered NH “to take all steps necessary to resume and ensure the continued implementation and enforcement of the State of New Hampshire’s vehicle inspection and maintenance program”. She also stated that “the public has an interest in the continuation of an I/M program that the EPA deemed sufficient to assist New Hampshire in achieving applicable air-quality standards. The public also has an interest in the continuation of an annual safety inspection requirement that keeps unsafe vehicles off the roads”.
What the injunction means
As a result of the preliminary injunction:
In practical terms, the injunction preserves the status quo and prevents the repeal from taking effect until the court resolves the underlying legal issues or the State gets a response from the EPA.
What happens next
The case will now continue through the federal court process. The preliminary injunction is not a final ruling on the merits of the case; rather, it is a temporary measure intended to prevent disruption while the court considers whether the state complied with federal law.
We will continue to monitor developments closely and provide updates as additional information becomes available. Members with questions about compliance or operational impacts should continue to follow existing inspection requirements unless and until further notice.
Member Reminder to Customers:
NHADA members should inform their customers that, due to the current injunction, vehicle inspection requirements remain in effect. All vehicles are still required to comply with existing equipment standards and must have a valid, current inspection sticker.