Vehicle Inspection Litigation – Gordon-Darby Holdings, Inc. v. Robert Quinn, Commissioner of NHDOS, et al.

Concord, NH - Attorney General John M. Formella announces that, today, the United States Court of Appeals for the First Circuit granted the State's motion to stay the New Hampshire District Court's January 27, 2026 preliminary injunction order, which directed the Department of Safety and the Department of Environmental Services to take actions to reinstate the New Hampshire vehicle inspection program. The State appealed that decision to the First Circuit and requested that it stay the preliminary injunction while the appeal was pending.

"I am very pleased with the First Circuit's decision to grant the motion to stay the preliminary injunction order issued against the Commissioners. The First Circuit's decision confirms that the State is likely to succeed on its arguments that Gordon-Darby's complaint failed to comply with the Clean Air Act's citizen suit requirements and that the injunction should not have been issued," said Attorney General Formella. "The First Circuit's Order suspends the State's obligation to continue to comply with the preliminary injunction and to take actions to reinstate the vehicle inspection program while the preliminary injunction is on appeal with the First Circuit."

The State is reviewing the effects of the First Circuit's Order on the ongoing litigation and on the agencies' current efforts with respect to the preliminary injunction order and will provide new information on any decisions in the coming days.