A federal judge in Concord ruled Wednesday against a request that two state commissioners be found in contempt of court and possibly be fined in a lawsuit over New Hampshire’s discontinued vehicle inspection program.
U.S. District Court Judge Landya McCafferty denied the motion from Gordon-Darby, the Kentucky company that ran the program before the N.H. Executive Council refused in early February to extend its contract.
The company is suing N.H. Department of Safety Commissioner Robert Quinn and Department of Environmental Services Commissioner Robert Scott in an ongoing federal court case.
Gordon-Darby says in its lawsuit that the state can’t legally end the program without federal permission. The legislature passed a law to end the program, effective Jan. 31.
The yearly inspections included an examination of vehicles’ emissions equipment as required under the state’s compliance plan under the federal Clean Air Act.
In a previous ruling, McCafferty issued a preliminary injunction requiring the state to continue to run the inspection program.
But on Wednesday, in denying the contempt of court request, she essentially said that the commissioners made a good-faith effort to extend Gordon-Darby’s contract.
They and Attorney General John Formella asked the N.H. Executive Council on Jan. 27 to approve a temporary extension of the contract, but the five-member panel refused.
In the meantime, the state has issued a request for companies to submit proposals to run the program.
It’s not clear how many will do so, given the legal uncertainties and a promise by the U.S. Environmental Protection Agency to fast-track a decision on the state’s request to end the program.
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