Gordon-Darby Inc. has voluntarily dismissed its case against New Hampshire officials, and plans to send a 60-day notice to New Hampshire officials to start the process of filing a new lawsuit relating to the cancellation of the vehicle inspection program.

The company said it intends to re-file the lawsuit in July if the state does not resume testing, according to a press release issued by the company Friday.

“New Hampshire terminated the emissions inspection program in February, despite clear indications and admissions by state officials that to do so would violate the federal Clean Air Act (CAA),” the release said.

Gordon-Darby, which had the contract to conduct the motor vehicle inspections, voluntarily dismissed its original case late Thursday.

This withdrawal follows last week’s U.S. Court of Appeals decision against Gordon-Darby, which was based on a timing technicality. Because Gordon-Darby filed its case before the state had completed its termination of the vehicle inspection program, the court found Gordon-Darby’s filing to be premature, according to the release The company is now remedying this technicality.

The Attorney General’s Office didn’t respond to InDepthNH.org on Friday seeking comment on the matter.

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.”

“The First Circuit’s procedural concerns can be easily remedied… because it is now undisputed that New Hampshire is currently in violation of an emission standard or limitation under the Clean Air Act due to its failure to implement and enforce its vehicle inspection and maintenance (“I/M”) program as contained in its federally enforceable state implementation plan,” Gordon-Darby said in its withdrawal notice.

“There is no debate that New Hampshire’s vehicle inspection program is no longer operating, and the NH Attorney General has admitted that cancellation of the inspection program violated the federal Clean Air Act (CAA).

“The core arguments of the case, namely that New Hampshire is in violation of the environmental protections the federal CAA provides, remain at the center of the dispute,” the release said.

Gordon Darby’s interest continues to be ensuring that the state of New Hampshire is compliant with the CAA by maintaining the vehicle inspection program. By violating the Clean Air Act, the state has brought significant negative effects on the environment and on the air that New Hampshire citizens breathe, the release states.