First Circuit Blocks New Hampshire Emissions Program Mandate Pending Appeal

The U.S. Court of Appeals for the First Circuit yesterday issued a stay on a district court injunction that would have compelled New Hampshire to uphold a vehicle emissions inspection program to comply with the federal Clean Air Act.

The unsigned order, issued on behalf of Chief Judge Barron and Judges Aframe and Dunlap, found that New Hampshire was likely to succeed on the merits of its appeal. The court did not rely on anti-commandeering doctrine arguments, which the state had not emphasized.

Instead, the panel concluded that Gordon-Darby, the contractor that sued New Hampshire to protect its vehicle emissions testing contract, filed its lawsuit prematurely. The state had not yet terminated the program when the suit was filed, and the district court erred by allowing a citizen suit for wholly prospective violations under the Clean Air Act’s citizen suit provision.

The appeals court also determined that the injunction would cause irreparable harm by forcing New Hampshire to enforce a program its legislature had repealed. It further noted that any benefit to Gordon-Darby from the injunction was speculative, as compliance with the program did not guarantee the contractor would secure the contract.

The First Circuit’s decision comes after the district court denied Gordon-Darby’s request on Wednesday to hold New Hampshire officials in contempt and impose sanctions. The district court judge rejected the contractor’s aggressive legal maneuver, which sought to compel state officials to enforce laws the federal government lacks authority to mandate.

While New Hampshire’s appeal remains technically pending, the outcome of the litigation appears clear.