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CONCORD, N.H. (MyKeeneNow) Gordon-Darby Inc. says it plans to file a new federal lawsuit against New Hampshire officials after voluntarily dismissing its earlier legal challenge over the state’s suspended vehicle inspection program.
The company announced Thursday that it withdrew the original case to address what it described as a procedural technicality identified by the U.S. Court of Appeals for the First Circuit. Gordon-Darby said it will now issue a required 60-day notice to state officials and intends to refile the lawsuit in July if the state does not restore inspections.
The latest development comes just one week after the appeals court paused a lower-court order that would have required New Hampshire to restart inspections. The court found Gordon-Darby likely filed its original lawsuit too early because the state had not yet formally completed the termination of the program at the time the case was initiated.
In a withdrawal notice filed Thursday, Gordon-Darby argued that issue has now been resolved because the inspection program has officially ended.
“The First Circuit’s procedural concerns can be easily remedied,” the company wrote, arguing that New Hampshire is now “undisputed” to be in violation of requirements under the federal Clean Air Act because it is no longer enforcing its vehicle inspection and maintenance program.
New Hampshire ended the emissions inspection program in February after the Executive Council declined to extend Gordon-Darby’s contract. The move followed a 2025 law eliminating the state’s inspection program effective Jan. 31, 2026.
State officials have acknowledged in court filings that ending the program conflicts with portions of the federal Clean Air Act, though they have argued the state cannot operate inspections without a vendor contract in place.
Gordon-Darby maintains that New Hampshire’s inspection system plays an important role in reducing pollution statewide. The company pointed to prior state filings with the Environmental Protection Agency estimating that the program reduced nitrogen oxides, volatile organic compounds and carbon monoxide emissions across New Hampshire.
The legal dispute centers on whether New Hampshire can suspend the inspection program without first obtaining federal approval to amend its federally enforceable clean-air plan.
For now, annual vehicle inspections remain suspended while the case continues through the federal court system.