New Hampshire drivers: Don’t scrape off that windshield sticker just yet.
A manufacturer of vehicle emissions testing equipment sued the state Monday, asking a federal judge to block the repeal of New Hampshire’s annual motor vehicle inspection requirement, which is set to take effect in February.
The lawsuit was filed by Gordon-Darby, the Kentucky-based emissions testing company that has overseen New Hampshire’s inspection mandate since 2004. The company alleges that ending the decades-old testing of tailpipe emissions would violate the Clean Air Act unless the state first obtains federal government approval.
Read more: NH is axing vehicle inspections. To do so, it must withdraw from an agreement to limit pollution.
Republicans in the Legislature included the repeal of annual inspections as part of the state budget. They argued that the mandatory inspections were unnecessary and don’t improve public safety.
In 2023, more than a million cars and trucks were inspected across more than 1,500 independent repair shops and dealerships statewide. Those mechanics stand to lose revenue, and have warned that drivers will face larger repair bills when vehicles need service, rather than spotting smaller problems earlier through the inspection process.
The suit alleges that for New Hampshire to end its emissions testing program, it first needs approval from the U.S. Environmental Protection Agency, which it has not yet obtained. The New Hampshire Department of Environmental Services has started the process, though, including holding a mandated public hearing on the proposal last month.
The lawsuit alleges that because the repeal has not been approved, however, the state is violating the Clean Air Act by taking steps to wind down emissions testing.
State officials have not yet responded to the lawsuit in court.
“The New Hampshire Department of Justice will review the complaint and respond as appropriate in due course,” a spokesperson said.
A hearing in federal court is expected before the end of January, during which a judge could order New Hampshire to continue mandating inspections while the case proceeds.
Even with the inspection law still in place, Gordon-Darby says motorists in New Hampshire have already begun bypassing the inspection process, with the expectation they won’t be ticketed starting Feb. 1.
In its lawsuit, the company says that the number of inspections performed in October were 24% lower than in the same month last year, while in November the number of inspections performed cratered by 33%.
Read more: Can I skip car inspections now? And other questions you might have about NH's new law.
