A federal judge exceeded her authority by ordering the state to continue its mandatory vehicle inspection program after it was repealed, New Hampshire Attorney General John Formella argued in a legal filing Thursday with the 1st U.S. Circuit Court of Appeals.
U.S. District Court Judge Landya McCafferty granted Gordon-Darby, the Kentucky-based company that ran the program, a preliminary injunction on Jan. 27, requiring that inspections continue.
But the state has not resumed the program, putting itself at risk of court-ordered fines, and instead has advised motorists they no longer need to get their vehicles inspected.
Formella’s Thursday motion, which seeks to pause McCafferty’s order, says her injunction was “fatally flawed” and “blatantly commandeers state officials to implement a federal regulatory program” in violation of the Constitution’s 10th Amendment.
McCafferty based her injunction on the fact that inspections, which include systems that monitor vehicle emissions, are required under the state’s implementation plan under the federal Clean Air Act.
The state sought permission from the U.S. Environmental Protection Agency on Dec. 24 to end inspections, but has not heard back yet, and such decisions can take a year or longer.
Formella also argues in his filing that Gordon-Darby, which no longer has a contract with the state, lacks standing to sue the state, even though there are provisions in the Clean Air Act to litigate over violations.
Meanwhile, Gordon-Darby has asked McCafferty to find the state in contempt of court for not quickly implementing her order and to impose fines.
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