Gordon-Darby Inc. has voluntarily dismissed its lawsuit against New Hampshire officials while preparing to send a 60-day notice to initiate a new suit concerning the termination of the vehicle inspection program.

The firm stated it will refile the case in July should the state fail to restart testing, as outlined in a press release from Friday.

"New Hampshire ended the emissions inspection program in February, even though state officials acknowledged this action would breach the federal Clean Air Act (CAA)," the release noted.

Gordon-Darby, the contracted provider for motor vehicle inspections, dropped its initial lawsuit late Thursday.

The dismissal came after a U.S. Court of Appeals ruling last week against the company, citing a procedural timing issue. The court deemed the filing premature since Gordon-Darby sued before the state fully ended the program, per the release. The company is now addressing this flaw.

The Attorney General's Office did not respond to requests for comment from InDepthNH.org on Friday.

At present, New Hampshire lacks emissions and vehicle testing mandates. Lawmakers voted to scrap the program effective Jan. 31. Attorney General Formella indicated the state's February 13 guidance remains active until updated.

The guidance declares the inspection program suspended indefinitely, yet stresses, "Drivers remain obligated under existing law to confirm any vehicle operated in New Hampshire is safe, irrespective of the program's status."

"The First Circuit's procedural objections can be swiftly resolved... as it is now clear New Hampshire violates an emissions standard under the Clean Air Act by not implementing and enforcing its vehicle inspection and maintenance (I/M) program per its federally approved state implementation plan," Gordon-Darby stated in its dismissal notice.

There is no question the state's vehicle inspection program has ceased, and the New Hampshire Attorney General has conceded the cancellation contravenes the federal Clean Air Act (CAA).

"The fundamental claims - that New Hampshire breaches the environmental safeguards of the federal CAA - stay central to the conflict," the release emphasized.

Gordon-Darby's priority remains pressing New Hampshire to adhere to the CAA through continuation of the vehicle inspection program. Breaching the Clean Air Act has inflicted serious harm on the environment and the air quality for New Hampshire residents, according to the release.