Gordon-Darby v. New Hampshire, The Car Inspection Lawsuit That Could End Annual Stickers for Good

New Hampshire is facing a federal lawsuit over its decision to eliminate mandatory annual vehicle inspections — and in the span of a single day this week, the state won two significant legal rounds. Here is what happened, what it means for New Hampshire drivers, and what comes next in a case that is still far from over.

Quick Facts: Gordon-Darby v. New Hampshire

Field	Detail
Case Name	Gordon-Darby Holdings, Inc. v. Quinn et al.
Case Number	Civil No. 25-cv-508-LM-AJ
Court	U.S. District Court for the District of New Hampshire
Presiding Judge	U.S. District Judge Landya McCafferty
Plaintiff	Gordon-Darby Holdings, Inc. (Kentucky)
Defendants	NH Commissioner of Safety Robert Quinn; NH Commissioner of Environmental Services Robert Scott
Legal Basis	Federal Clean Air Act, 42 U.S.C. § 7401 et seq.
Current Status	Active litigation; First Circuit stay granted April 30, 2026
EPA Decision Timeline	TBD — EPA committed to a final decision before end of 2026
Last Updated	May 1, 2026

What Is the Gordon-Darby Lawsuit About? Gordon-Darby Holdings, Inc. v. Quinn et al., No. 25-cv-508-LM-AJ

In June 2025, New Hampshire passed a law abolishing its motor vehicle inspection program, communicating to its citizens that inspections would no longer be required as of the law’s effective date — January 31, 2026. However, all parties in the case agree that federal law continues to require New Hampshire to maintain an inspection program.

Gordon-Darby Holdings Inc. had overseen the state’s vehicle inspections for decades. When the state moved to eliminate the program and terminate its contract, Gordon-Darby did not simply walk away. The company filed its lawsuit in early December, arguing in federal court that the state cannot legally end the program without first obtaining approval from the U.S. Environmental Protection Agency.

The core legal argument is straightforward. Under the federal Clean Air Act, states that have EPA-approved vehicle inspection and maintenance programs — which New Hampshire does — must get federal sign-off before dismantling them. The lawsuit does not concern the state’s contract with Gordon-Darby. Instead, it alleges that the repeal was implemented without first obtaining required approval from the U.S. Environmental Protection Agency, as mandated by the federal Clean Air Act.

The state submitted its EPA waiver request in late December 2025 — barely one month before the program was scheduled to end. The approval process can take up to 18 months. New Hampshire lawmakers had been warned about this risk, but pressed ahead anyway

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The Timeline: How We Got Here

After a hearing on January 22, 2026, U.S. District Judge Landya McCafferty granted a preliminary injunction ordering New Hampshire to “take all steps necessary to resume and ensure the continued implementation and enforcement of the State of New Hampshire’s vehicle inspection and maintenance program.”

Attorney General John Formella asked the Executive Council to temporarily extend Gordon-Darby’s contract in order to comply with the lower-court order. But the Executive Council voted 3-2 against Formella’s recommendation in early February, leaving the state without an approved vendor.

Following the Executive Council’s denial, the state currently has no approved vendor to operate the vehicle inspection program. The Department of Safety and the Department of Environmental Services say they lack the legal authority to operate a vehicle inspection program without an approved vendor.

With the program suspended and no vendor in place, Gordon-Darby escalated. In March, Gordon-Darby said in a court filing that a judge should impose “significant escalating fines” until the program is restored, arguing state officials had violated the court’s January injunction.

What Happened April 30, 2026: The State Won Two Rounds in One Day

Two significant rulings landed on the same day, and both went against Gordon-Darby.

Round 1 — Judge McCafferty Denies Contempt

U.S. District Court Judge Landya McCafferty denied the motion from Gordon-Darby seeking that two state commissioners be found in contempt of court and possibly fined. McCafferty found that the commissioners “have taken and are taking reasonable, appropriate measures” to resume car inspections. The state had issued a request for proposals seeking a new vendor, and McCafferty concluded that constitutes “diligent efforts amounting to substantial compliance” with her preliminary injunction.

In a footnote, McCafferty also closed the door on Gordon-Darby’s suggestion that she could force the state to simply rehire the company, writing that “the court need not address Gordon-Darby’s argument that the Commissioners could have achieved greater compliance with the injunction by reinstating Gordon-Darby NHOST’s contract without the Executive Council’s approval or by bypassing competitive bidding.”

Round 2 — The Frst Circuit Stays the Injunction

Hours after the district court ruling, a larger victory arrived. The U.S. Court of Appeals for the First Circuit granted the state’s motion to stay the January 27 preliminary injunction, which had directed the Department of Safety and the Department of Environmental Services to reinstate the vehicle inspection program.

The First Circuit found that McCafferty “likely erred in concluding that Gordon-Darby adequately alleged a violation” of the Clean Air Act. The First Circuit also said the district court was likely wrong when it concluded the state had violated the Clean Air Act, noting the lawsuit was brought by Gordon-Darby before the inspection program had actually ended. The court also noted that “it appears that the only harm Gordon-Darby NHOST faces is the lost opportunity to bid on a new contract.”

The stay is not a final ruling — the appeal is still pending. But it means the state is no longer under a court order to reinstate inspections while that appeal proceeds.

Attorney General John Formella said 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.”

What New Hampshire Drivers Need to Know Right Now

The vehicle inspection program is suspended until further notice. Inspection stations are no longer authorized to issue state inspection stickers, and vehicles are not required to obtain an annual state inspection at this time. Drivers are still responsible under current law to ensure that any vehicle driven in New Hampshire is safe to operate, regardless of the status of the inspection program.

The First Circuit’s stay means state officials are no longer obligated to keep trying to reinstate inspections while the appeal is heard. In practical terms, no inspection sticker is required from New Hampshire motorists as of now.

However, the situation remains legally unsettled. The underlying appeal at the First Circuit is still active. And the EPA waiver — the only thing that would fully resolve the federal Clean Air Act question — has not been granted yet.

The EPA: The Wildcard That Could End the Whole Case

The cleanest way this lawsuit ends is not through the courts at all. If the EPA approves New Hampshire’s request to eliminate its inspection program, the entire lawsuit likely becomes moot.

The head of the EPA said in March his team would expedite New Hampshire’s request, with the goal of delivering a final decision before the end of 2026. The First Circuit wrote that New Hampshire is likely to succeed — if the EPA does not approve New Hampshire’s end to the program first and render the whole lawsuit moot.

The state submitted its EPA waiver request in late December 2025. The normal approval timeline is up to 18 months, but with the EPA’s stated commitment to expedite, a decision before year-end 2026 is possible.

What Are Plaintiffs Seeking in This Lawsuit?

Gordon-Darby is not a consumer class action — it is a contractor fighting for its contract and a legal principle. The company is seeking:

• A court order requiring New Hampshire to reinstate the vehicle inspection program
• Compliance with the federal Clean Air Act’s procedural requirements before the program ends
• Injunctive and declaratory relief (not monetary damages against the state)

Gordon-Darby’s interest in the outcome is straightforward: it appears that the only harm Gordon-Darby NHOST faces is the lost opportunity to bid on a new contract. The state, meanwhile, has issued a new request for proposals — meaning any company, including Gordon-Darby, could bid to run a future inspection program if the courts or EPA ultimately require one.

What Should You Do If You Are a New Hampshire Driver?

You do not need to file anything or take legal action. This lawsuit is between a private contractor and the state — individual drivers are not parties.

Here is what you need to know practically:

• No inspection sticker is required from New Hampshire motorists at this time
• The program’s status could change depending on the First Circuit’s final ruling or an EPA decision — monitor the New Hampshire Department of Justice website for official guidance updates
• The state will update its public guidance on vehicle inspections as more information becomes available and will provide additional regulatory flexibility as needed in the event of future changes, including further deadline extensions should the program resume
• If you are an inspection station operator, stop issuing stickers until the state issues new guidance and contact the New Hampshire Auto Dealers Association (NHADA) for updates relevant to your business

Frequently Asked Questions

Is there a lawsuit against New Hampshire over car inspections? 

Yes. Gordon-Darby Holdings Inc., which had overseen the state’s vehicle inspections for decades, filed its lawsuit in early December, arguing in federal court that the state cannot legally end the vehicle inspection program without first obtaining approval from the U.S. Environmental Protection Agency. The case is active in the U.S. District Court for the District of New Hampshire and on appeal at the First Circuit.

Do I need a car inspection sticker in New Hampshire right now? 

The vehicle inspection program is suspended until further notice. Inspection stations will no longer be authorized to issue state inspection stickers and vehicles will not be required to obtain an annual state inspection at this time. Check the NH Department of Justice website for the most current official guidance.

When will the EPA decide on New Hampshire’s waiver request? 

The head of the EPA said in March his team would expedite New Hampshire’s request, with the goal of delivering a final decision before the end of 2026, but that potentially leaves more than six months of uncertainty about the legal status of the state’s decision.

Could New Hampshire face fines for violating the Clean Air Act? 

Attorney General Formella had warned that without a valid contract to run the inspection program, the state risked potential financial penalties of up to $55,000 per day for violating the Clean Air Act. However, the First Circuit’s stay of the injunction — granted April 30, 2026 — now suspends the state’s legal obligation to reinstate inspections while the appeal proceeds, reducing that immediate risk.

What happens next in the Gordon-Darby lawsuit? 

The First Circuit will hear New Hampshire’s appeal of the January 27 preliminary injunction. Separately, the EPA will continue processing the state’s waiver request. If the EPA grants the waiver before the First Circuit rules, the lawsuit could be dismissed as moot. If neither happens quickly, the full appeal will be argued and decided. The overall dispute can end if there is a ruling or if the EPA decides on the matter.

Sources & References

• U.S. District Court opinion, Gordon-Darby Holdings, Inc. v. Quinn et al., No. 25-cv-508-LM-AJ (D.N.H. Jan. 27, 2026): govinfo.gov
• New Hampshire Department of Justice — Vehicle Inspection Program Public Guidance: doj.nh.gov/news-and-media/vehicle-inspection-program-public-guidance
• First Circuit stay ruling coverage: InDepthNH.org (April 30, 2026) — indepthnh.org/2026/04/30/vehicle-inspection-litigation-keeps-rolling-along/

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official court records, the New Hampshire Department of Justice public guidance, and published news reports on May 1, 2026. Last Updated: May 1, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.