ELR Citation: 56 ELR 20061
No(s). 26-1209 (1st Cir. Apr 30, 2026)

The First Circuit granted New Hampshire's motion to stay a preliminary injunction issued in a lawsuit concerning the state's repeal of its motor vehicle emissions inspection and maintenance program. The company contracted to administer the program sued New Hampshire under the CAA's citizen suit provision, arguing the state violated the CAA by repealing the program without first amending its SIP. A district court issued a preliminary injunction, enjoining the state "from taking or directing any action to terminate, suspend, or otherwise cease implementation or enforcement of" the program and to take any steps necessary to resume and ensure its continued implementation and enforcement. New Hampshire moved to stay the injunction, arguing the company failed to allege cognizable violations under 42 U.S.C. §7604(b)(1). The appellate court concluded the state made a strong showing that it was likely to succeed in demonstrating the company had not met its burden of alleging the state was "in violation of" an emission standard or limitation under §7604(b)(1). It granted the motion to stay the injunction pending appeal.