Gordon-Darby Files New Lawsuit to Force New Hampshire Emissions Testing

Gordon-Darby Inc., a contractor that provides vehicle emissions testing, has refiled a lawsuit on July 22 demanding that New Hampshire revive its emissions inspection program. The complaint asserts that the state's termination of the program breaches the Clean Air Act, which the plaintiffs interpret as requiring a State Implementation Plan that includes inspections. However, the Act does not permit courts to issue injunctions forcing states to enact such measures; instead, the EPA can impose sanctions or a Federal Implementation Plan.

Supreme Court precedents such as New York v. United States and Printz v. United States prohibit the federal government from compelling states to administer federal regulatory schemes. The new filing adds Marilyn Jonas, who claims asthma attacks from polluted air, to bolster standing, but the constitutional and statutory hurdles remain unchanged. Previously, New Hampshire defended the case on procedural grounds, and the same judge will now consider whether the anti-commandeering doctrine blocks the plaintiffs' request. The outcome could affect how private firms attempt to leverage federal environmental law to secure state contracts.