CONCORD, N.H. (MyKeeneNow) A new federal lawsuit is challenging New Hampshire’s decision to end its vehicle inspection program, with the plaintiffs arguing the state violated federal environmental law by suspending inspections before receiving approval from the U.S. Environmental Protection Agency.

The complaint, filed Wednesday in U.S. District Court in Concord, was brought by Wilton resident Marilyn C. Jonas and Gordon-Darby Holdings Inc., the company that previously administered the state’s vehicle inspection program. Named as defendants are Gov. Kelly Ayotte, Department of Safety Commissioner Robert Quinn, Department of Environmental Services Commissioner Robert Scott, Division of Motor Vehicles Director John Marasco, the Executive Council and its five members.

At the center of the case is New Hampshire’s federally approved State Implementation Plan, which outlines how the state complies with the Clean Air Act. Although lawmakers voted to eliminate annual vehicle inspections, the lawsuit contends the inspection and maintenance program remains part of that federally enforceable plan until the EPA formally approves removing it.

According to the filing, New Hampshire has been out of compliance with the Clean Air Act since mid-February, when the Department of Safety halted the inspection program after its contract with Gordon-Darby expired and no replacement vendor had been selected.

State officials submitted a request to the EPA in December 2025 seeking approval to remove the inspection program from the State Implementation Plan. However, the lawsuit notes that federal regulators have not yet acted on that request. The plaintiffs also argue New Hampshire must continue operating an enhanced inspection program because the EPA has not approved the state’s request to leave the Ozone Transport Region.

Jonas says in the lawsuit that she has suffered from asthma for most of her life and believes the elimination of emissions testing will contribute to poorer air quality, affecting both her health and that of other residents. The complaint also argues that ending mandatory safety inspections raises concerns about the number of unsafe vehicles operating on New Hampshire roads.

Gordon-Darby claims it incurred financial losses after losing its contract with the state and says reinstating the program would allow the company to compete for a future contract.

The plaintiffs are asking the court to declare that New Hampshire is violating the Clean Air Act, rule that portions of the state law eliminating inspections are overridden by federal law, order the state to resume its vehicle inspection program, impose civil penalties and award attorney’s fees and other legal costs.

The lawsuit follows an earlier legal battle between Gordon-Darby and the state. A federal judge initially ordered New Hampshire to continue inspections, but that ruling was later put on hold by the 1st U.S. Circuit Court of Appeals after it determined the original lawsuit had been filed before the inspection program had officially ended. Gordon-Darby later withdrew that case while indicating it planned to file a new challenge after the program was suspended.

Supporters of ending the inspection requirement have argued the annual inspections added unnecessary costs for motorists without producing measurable improvements in highway safety or air quality. New Hampshire officials have maintained that the program ended after legislation repealing the inspection requirement took effect.

Jonas, however, argues that regardless of changes in state law, New Hampshire cannot abandon a program required under its federally approved air quality plan until the EPA signs off on the change. The lawsuit asks the court to require the state to resume inspections while that federal review remains pending.