Inspect This! Majority Leader Says Other States Should Join NH And 'Kick Gordon-Darby To The Curb'

By Damien Fisher, NH Journal

After vehicle inspection vendor Gordon-Darby asked a federal judge to hold New Hampshire officials in contempt — and impose fines — House Republicans say they’re not backing down and are urging other states to follow their lead.

“Seeing how they’re acting, it’s apparent that other states should join us in kicking Gordon-Darby to the curb,” said House Majority Leader Jason Osborne (R-Auburn).

After lawmakers hit the brakes on the state’s mandatory vehicle inspection program, Gordon-Darby, which held the state contract to run it, went to court. In January, U.S. District Court Judge Landya McCafferty issued an injunction blocking the state from ending the inspections.

Rather than suing over an alleged contract violation, Gordon-Darby argued that the state’s decision to end the inspections violated the federal Clean Air Act. Judge McCafferty agreed, but New Hampshire’s elected officials have yet to revive the inspection mandate.

New Hampshire is seeking a waiver from the Environmental Protection Agency and appealing the decision to the 1st U.S. Circuit Court of Appeals.

State officials, including the Executive Council, argue that the court cannot force the state to enact a law that elected legislators have rejected or to enforce a state law that doesn’t exist.

“Make no mistake about what this contract actually is. Gordon-Darby collects mandatory fees from every driver in New Hampshire,” said Councilor John Stephen (R-Manchester). “That’s a de facto tax on every Granite Stater who owns a car.

“Only elected legislators can impose that burden — not federal judges and not monopoly contractors. There was no enacted policy requirement at the time of our vote. We cannot be forced into a contract that is contrary to state policy, regardless of whether you agree or disagree with that action.”

The legal fight escalated last Friday when Gordon-Darby asked McCafferty to hold Department of Safety Commissioner Robert Quinn and Department of Environmental Services Commissioner Robert Scott in contempt.

“Without a finding of civil contempt from this Court, Defendants could potentially maintain the program’s suspension until such time as EPA makes a decision on New Hampshire’s proposed SIP revision—thus granting the State precisely the relief it envisioned when it unlawfully repealed the program without awaiting EPA approval,” Gordon-Darby’s lawyers wrote.

The company is also asking the court to impose escalating fines.

“Any fines should be set at a level high enough to reflect the character and gravity of Defendants’ noncompliance (which harms not only Gordon-Darby but the broader public interest) and Defendants’ ability as state officials to absorb relatively large fines. Gordon-Darby also recommends that any fines escalate over time to reflect the compounding harm that Defendants’ conduct will inflict on public health and safety and on respect for this Court as their noncompliance continues,” the motion states.

Attorney General John Formella’s office released a statement in response to Gordon-Darby’s motion, saying they “strongly disagree with the allegations in the motion,” and that the guidance his office issued in February remains in effect.

Rep. Ross Berry (R-Weare) mocked the company’s actions.

“Imagine doing this to your former customer, all because you’re mad that your grift came to an end,” Berry wrote on Twitter/X.

Osborne struck a similarly defiant tone, saying New Hampshire will not reverse course.

“You can fine us and hold us in contempt, but it does not change the truth. Vehicle Inspections are dead in New Hampshire. We will not comply, and we will not go back. So, with all due respect, we’ve had enough of this G(ordon) D(arby) nonsense,” Osborne said.

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.