Gordon-Darby Holdings, Inc. v. NH Department of Safety, Commissioner

The federal district court for the District of New Hampshire granted a motion for a preliminary injunction enjoining the Commissioners of the New Hampshire Departments of Safety and Environmental Services from ceasing implementation or enforcement of the State of New Hampshire’s vehicle inspection and maintenance program unless the U.S. Environmental Protection Agency grants final approval of a revised Clean Air Act state implementation plan (SIP) removing the program. The State enacted a law abolishing the program in June 2025, and the State subsequently took steps to wind down the program effective January 31, 2026. The court found that the parent company of the vendor that contracted with the State to provide the services and equipment for inspections showed a substantial likelihood of standing. The court further found that the company was likely to succeed on the merits of its Clean Air Act claim that the Commissioners were “in violation of” the SIP and that the company would likely succeed in showing it complied with the Clean Air Act’s notice requirements for citizen suits. In addition, the court found that the company demonstrated that in the absence of a preliminary injunction it would suffer substantial injuries that could not remedied by money damages at the end of the case. The court also concluded that the balance of equities and public interest favored granting the injunction.