By PAULA TRACY, InDepthNH.org

CONCORD – The Republican leadership in the New Hampshire House of Representatives is calling on the attorney general to investigate actions by the state’s contractor for auto emissions administration which sued the state and got a federal court order to keep the inspection program going.

They are also planning a press conference for next Wednesday to detail the contractor’s “alleged misrepresentation of state authority.”

On Friday the House Majority Office said it had formally requested that Attorney General John Formella investigate allegations that Gordon-Darby contacted New Hampshire inspection stations while implying it was speaking on behalf of the State.

House Majority Leader Jason Osborne, R-Auburn said the reports raise serious concerns.

“Granite Staters made it clear they want accountability and an end to unnecessary mandates,” Osborne said. “If a private vendor is inserting itself into that debate by presenting itself as the state, that crosses a line.”

A representative for Gordon-Darby was not immediately available for comment.

Deputy Majority Leader Joe Sweeney, R-Salem, said small businesses deserve straight answers.

“Local mechanics should not be pressured or confused by outside contractors,” Sweeney said. “We’ve asked the Attorney General to get to the bottom of this and ensure no one is misrepresenting state authority.”

A request for comment from the attorney general’s office was also not immediately returned Friday afternoon. The House Majority Office will host a press conference on March 4.

This all comes after a federal judge ordered the state Commissioners of Safety and Environmental Services Thursday to “take all steps necessary to resume and ensure the continued implementation and enforcement of” New Hampshire’s vehicle inspection program.

U.S. District Court Judge Landya McCafferty had issued a preliminary injunction enjoining the two commissioners “from taking or directing any action to terminate, suspend, or otherwise cease implementation or enforcement of” the program. On Thursday McCafferty denied the state’s request to stay that order.

The legislature passed the law eliminating the annual inspection program for cars and trucks and Republican Gov. Kelly Ayotte signed it into law last June as part of the budget. It was scheduled to become effective Jan. 31, 2026.

Prior to that passage, the state was made aware by federal and state officials that repealing the inspection program without first obtaining the EPA’s approval regarding federal environmental law would violate the Clean Air Act.

The state filed for a waiver but did not have one in hand by Jan. 31, 2026 and still does not have one.

“The state repealed the I/M program anyway,” McCafferty wrote. “The state then began informing the public that motor vehicle inspections would no longer be required as of February 1, despite knowing that inspections would still be required under federal law. Then, after this court issued its preliminary injunction specifically ordering the Commissioners to continue carrying out the I/M program, the state issued public guidance that they would not begin requiring motorists to obtain inspections for several months, before later issuing subsequent guidance that inspections will not be required at all.

“The state’s actions have generated substantial public confusion regarding the requirements and legal status of the (inspection) I/M program. To be clear: the court does not view the I/M program as indefinitely suspended,” McCafferty wrote.

Prior to the latest ruling and before Formella asked for a stay, he had asked the Executive Council to extend the Gordon-Darby contract for several months, but it failed to pass during an emergency session Feb. 4.

The council had previously approved a contract for Gordon-Darby to continue to operate the emissions program and had months left in their contract when the state notified them it would be exercising an option to terminate.

The Council’s action against Formella’s request put the state in the position of likely being in violation of the EPA’s federal Clean Air Act by continuing the program and now throws into question what happens next for vehicle inspections in the Granite State.

Commissioners also said it could open the state to more legal trouble from environmental groups and a $55,000 a day fine that could lead to loss of federal highway funds.

Robert Scott, commissioner of the state Department of Environmental Services, said at the emergency meeting it could be a year or more before the state gets a decision on the request for a waiver from the federal government to meet standards under the federal Clean Air Act.

McCafferty said the commissioners of environment and safety are subject to a court order enjoining them “from taking or directing any action to terminate, suspend, or otherwise cease implementation or enforcement of the” program and requiring them “to take all steps necessary to resume and ensure the continued implementation and enforcement of” that program.

“Staying the injunction would only result in greater confusion regarding the requirements and status of the I/M program and would foster disrespect for court orders and the rule of law,” McCafferty wrote.

“This legislation was enacted despite clear communications to the State from both the New Hampshire Department of Environmental Services —one of the defendants in this very case—as well as the EPA that a repeal of state statutory authority to administer the I/M program would violate the Clean Air Act and could lead to civil penalties, loss of federal funds, or even enforcement actions from the EPA or via a citizen suit.

“New Hampshire did not heed these warnings,” McCafferty wrote.

Contrary to McCafferty’s order, Formella’s guidance for drivers says 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.

“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 guidance said.