(The Center Square) — A Kentucky-based company suing New Hampshire over its decision to scrap vehicle emissions testing has asked a federal judge to force state officials to comply with a court order to restart the program.
In a new filing in U.S. District Court, lawyers for Gordon-Darby asked the judge to order the state to “show cause why they should not be adjudged in contempt” of an injunction previously issued by the court ordering the emissions tests to resume as the legal challenge plays out.
In January, District Court Judge Landya McCafferty granted Gorbon-Darby a preliminary injunction, ordering the state to keep the inspection program going. The state has appealed the ruling.
But in the new court filing, the company claims the state doesn’t yet have a plan for complying with the order and called for fines and other sanctions.
“The Clean Air Act, the Injunction, and respect for the lawful orders of this Court demand more,” the court filing said. “Upon hearing Defendants’ response, the Court should adjudge them to be in contempt and impose civil sanctions upon Defendants to ensure that they resume implementation of the inspection and maintenance program without further delay.”
New Hampshire Attorney General John Formella’s office issued a statement criticizing the company’s court filing, saying the state’s Feb. 13 guidance to suspend the program during the legal fight “remains in effect until further notice.”
“We strongly disagree with the allegations in the motion. At this time, we are reviewing the filing and will respond in court as appropriate,” the AG’s statement said.
Gov. Kelly Ayotte signed a two-year budget in June that repealed the mandatory safety and emissions inspection requirements for cars and trucks.
But Gordon Darby filed a lawsuit to block a new law ending the mandate, claiming it would violate the federal Clean Air Act. In the legal challenge, the firm argues that commissioners of the New Hampshire Department of Safety and the New Hampshire Department of Environmental Services are in violation of federal environmental laws for ending the program.
Despite the litigation, the New Hampshire Executive Council in February voted 3-2 not to renew the state’s contract with the company, which has conducted the annual emissions tests of cars, trucks, and SUVs for 26 years.
The state said it has applied to the EPA to leave the Ozone Transport Region, a pact that requires states to take steps to reduce tailpipe pollution but hasn’t received approval yet.
New Hampshire officials say that the state will remain in compliance with Clean Air Act provisions to reduce tailpipe pollution even after the vehicle inspection mandate ends despite ending the program. They say the move will save motorists money.
But the move to ditch the inspection program was also criticized by auto dealerships who say it will hurt sales and from green groups who say it will contribute to excess emissions scientists say are contributing to a warmer planet.
