Gordon-Darby Prepares to Renew Effort to Commandeer New Hampshire in Order to Maintain Emissions Testing Contract
Gordon-Darby Holdings is preparing to renew its legal efforts to compel New Hampshire to maintain its vehicle emissions testing program after its initial lawsuit was dismissed. The company argues that the state is required to uphold the program under the federal Clean Air Act, despite the Act not mandating states to enforce such measures. As Gordon-Darby files a new notice of intent to sue, legal experts suggest that the anti-commandeering doctrine may hinder their claims.
- ▪Gordon-Darby Holdings previously held a contract for New Hampshire's vehicle emissions testing program.
- ▪The New Hampshire state legislature repealed the emissions testing program, leading Gordon-Darby to file a lawsuit.
- ▪The U.S. Court of Appeals for the First Circuit dismissed Gordon-Darby's initial suit on procedural grounds.
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Commandeering Gordon-Darby Prepares to Renew Effort to Commandeer New Hampshire in Order to Maintain Emissions Testing Contract Since it lost its first case on technical procedural grounds, the company plans to try again. Jonathan H. Adler | 6.6.2026 10:34 AM Gordon-Darby Holdings had a lucrative contract running New Hampshire's vehicle emissions testing program. Understandably, Gordon-Darby was disappointed when the New Hampshire state legislature repealed the program and canceled the contract. So Gordon-Darby did what many companies would do: It filed suit seeking a court order requiring New Hampshire to maintain the testing program.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason.com.
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