Traffic on a road highlighting vehicle emissions and air quality concerns
A Wilton, New Hampshire, woman is taking the state to court over its decision to eliminate vehicle emissions inspections.
Marilyn Jonas, a lifelong asthma sufferer, argues that ending the annual tests will permanently degrade local air quality.
Gov. Kelly Ayotte signed legislation last year axing the mandatory pollution checks. Jonas is now demanding the state immediately reinstate some form of the program.
“This is really, really important to New Hampshire,” Jonas said. “We pride ourselves on beautiful vistas and hiking and biking and motorcycling. When the air is polluted, that’s not very enjoyable.”
Violating the Clean Air Act?
The lawsuit alleges the state’s move directly violates the federal Clean Air Act. Jonas insists New Hampshire must find alternative ways to regulate automotive exhaust if it abandons testing.
“Why are we allowed to just spew toxins into the air with our cars moving forward?” Jonas asked. “We have regulations. They’re there for a very good reason. Without those regulations, we’re all going to suffer.”
Jonas is not fighting the state alone. She filed the suit this week alongside Gordon-Darby, the contractor that previously managed New Hampshire’s testing program.
Gordon-Darby has also filed a separate lawsuit challenging the state’s decision.
Executive Councilor Karen Liot Hill echoed the environmental concerns, pointing out that wildfire smoke is already threatening the region’s air quality.
“The only way that we’re going to continue having access to clean air and to clear skies is going to be if we continue regulating those emissions and not go backwards,” Hill said.
Lawmakers Defend the Rollback
Legislators who championed the repeal argue the testing program did nothing to improve air quality or driver safety.
Instead, they claim the inspections functioned as a financial trap, frequently forcing drivers to pay for repairs dictated by the mechanics conducting the tests.
Caught in Legal Limbo
The repeal was signed into law in June 2025 and was originally slated to take effect on Feb. 1. Following Gordon-Darby’s initial lawsuit, a judge ordered the continuation of the inspections.
That dynamic shifted again in mid-February when the Attorney General’s Office announced the emissions tests would be officially suspended until further notice.
While the pollution checks are paused, drivers are still legally required to maintain basic vehicle safety standards. State law demands that brakes, lights, and tires remain in proper working order.
