CONCORD, N.H. (MyKeeneNow) New Hampshire does not have to restart its vehicle inspection program for now after a federal appeals court sided with the state in the latest development of an ongoing legal battle.
The U.S. Court of Appeals for the First Circuit on Thursday granted the state’s request to pause a lower-court ruling that had ordered officials to resume inspections. The decision temporarily halts a January injunction issued by U.S. District Court Judge Landya McCafferty, which required the state to continue enforcing the program.
The appeals court found the lower court likely made an error in determining that Gordon-Darby Holdings, the company that previously operated the state’s inspection system, had sufficiently shown a violation of the federal Clean Air Act.
Despite the earlier injunction, inspections were never restarted. State officials have maintained that without a vendor under contract, they lack the ability to administer the program. The Executive Council declined in February to extend Gordon-Darby’s contract, leaving the system effectively dormant.
As a result, motorists are still not required to obtain annual inspections, though state law continues to require that vehicles be maintained in safe working condition.
The legal dispute stems from a law passed by the Legislature in 2025 that eliminated the state’s inspection program effective Jan. 31, 2026. Gordon-Darby sued, arguing that ending emissions-related inspections without federal approval violates requirements under the Clean Air Act.
In its ruling, the appeals court said the state has made a strong case that it is likely to succeed on appeal, particularly in arguing that it was not in violation of federal law at the time the lawsuit was filed. Judges also pointed to the burden placed on the state by the lower court’s order, which would have forced it to continue a program that lawmakers had already repealed.
The court further noted that even if inspections were reinstated, there is no guarantee Gordon-Darby would regain its role as the state’s contractor.
A day earlier, McCafferty declined a request from Gordon-Darby to hold the state in contempt for failing to comply with her order.
The case will continue to move forward in the appeals process, leaving the long-term future of New Hampshire’s vehicle inspection program uncertain. For now, inspection stations remain inactive, and the requirement for annual checks remains suspended.
