The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

About The Volokh Conspiracy Editorial Independence Who we are Books Volokh Daily Email Archives Search DMCA RSS

Commandeering

Gordon-Darby Renews Attempt to Commandeer New Hampshire Through the Clean Air Act

A renewed suit seeking to leverage the Clean Air Act in pursuit of lucrative government contracts.

Jonathan H. Adler | 8.3.2026 1:35 PM

As promised, government services contractor Gordon-Darby Inc. has renewed its attempt to force the state of New Hampshire to revive its vehicle emissions inspection program. On July 22, the firm filed a new lawsuit challenging the state's decision to end the program and seeking a federal court injunction to force the state to re-start it--thus giving Gordon-Darby the opportunity to pursue another lucrative contact providing emission inspection testing. As before, Gordon-Darby's suit betrays a profound misunderstanding of both the Clean Air Act and the constitutional limits on the federal government's ability to compel state action.

The central claim in the suit is that New Hampshire is violating the Clean Air Act because it is required to........

© Reason.com