The U.S. Court of Appeals for the First Circuit on Thursday granted the state’s motion to stay the New Hampshire District Court’s Jan. 27 preliminary injunction, 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, according to a news release from Attorney General John Formella.

“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.” 

Currently the state has no emissions and vehicle testing requirements. The legislature voted to eliminate the program as of Jan. 31. Formella has said that the state’s February 13 guidance remains in effect until further notice.

The guidance says the state inspection program is suspended until further notice, but also says, “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.”

Gordon-Darby Holdings, the contractor for the state inspection program, filed a civil suit against Safety Commissioner Robert Quinn and Environmental Services Commissioner Robert Scott. U.S. District Court Judge Landya McCafferty previously ordered the state to resume the inspection program immediately ruling the state is in violation of the federal Clean Air Act until it gets a federal waiver.

Gordon-Darby Holdings had asked Judge Landya McCafferty to require Quinn and Scott show cause why they shouldn’t be held in contempt of court, but on Wednesday McCafferty denied that motion.

Formella’s release Thursday said 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.