Gordon-Darby Blows More Smoke Over New Hampshire Vehicle Inspections

By Michael Graham, NH Journal

Gordon-Darby is still blowing smoke about New Hampshire’s air quality.

The Kentucky-based company was the state’s sole vendor administering its vehicle inspection program. When Granite State Republicans killed the program, claiming it was an unnecessary cost to drivers, Gordon-Darby sued — and lost.

On Friday, the company announced it would start over in court, dropping the previous case and restarting the 60-day clock on a new lawsuit.

“Gordon-Darby voluntarily dismissed its original case late yesterday. This withdrawal follows last week’s U.S. Court of Appeals decision against Gordon-Darby, which was based on a timing technicality,” the company said in a statement. “Because Gordon-Darby filed its case before the state had completed its termination of the vehicle inspection program, the court found Gordon-Darby’s filing to be premature. The company is now remedying this technicality.”

“If the State does not resume implementation and enforcement of the I/M program and continue such implementation and enforcement unless and until EPA approves a revised SIP altering that program, Gordon-Darby intends to file suit against each of the State Officials in their official capacities seeking declaratory and injunctive relief, as well as civil penalties, to compel compliance with the CAA and the requirements of New Hampshire’s SIP,” the company informed the state.

The SIP is the State Implementation Plan under the EPA’s air quality mandates. Because the vehicle inspections include emissions inspections required by New Hampshire’s presence in an Ozone Transport Region, ending that portion of the inspection program requires a waiver from the EPA.

In March, the EPA announced it is expediting New Hampshire’s request to modify its SIP to remove the federal emissions requirement.

With the Trump administration on board and no way for Gordon-Darby to force New Hampshire to rehire the company before the EPA waiver comes through, the lawsuit looks like a waste of time to many GOP legislators.

Gordon-Darby insists it is motivated by concerns over New Hampshire’s air quality.

“By violating the Clean Air Act, the state has brought significant negative effects on the environment and on the air that New Hampshire citizens breathe.”

House Republicans are skeptical.

“While I appreciate their alleged concern over NH Air Quality, according to EPA data, New Hampshire has the 3rd cleanest air in the nation, beaten out only by Hawaii and Wyoming,” said Rep. Michael Granger, R-Milton Mills, one of the most vocal supporters of ending the inspection regime. “I suspect that some other motivating factor could be behind the lawsuit, such as money.”

Rep. Ross Berry, R-Weare, added, “Gordon-Darby, an out-of-state company owned by a foreign corporation, is very concerned about New Hampshire’s air. Specifically, the air around their profit margins.”

This story was originally published by the NH Journal, an online news publication dedicated to providing fair, unbiased reporting on, and analysis of, political news of interest to New Hampshire. For more stories from the NH Journal, visit NHJournal.com.