New Hampshire AG Confident as State Appeals Auto Emissions Program in Federal Court

New Hampshire Attorney General John Formella has expressed confidence that the state will prevail in its appeal to overturn New Hampshire's auto inspections and emissions testing program. The case is headed to the U.S. Court of Appeals for the First Circuit in Boston.

News 9 WMUR reported that, during an Executive Council meeting, councilors asked Formella to lay out the legal strategy and explain the Executive Council's constitutional role in deciding not to continue the temporary emissions testing program.

Formella confirmed that a motion to stay with the First Circuit is still pending, while a contempt motion has not paused and requires a response by the week's end.

The Executive Council's constitutional authority is considered a key issue to be addressed more fully in the response to the contempt motion. Formella said he remained optimistic about the state's legal position.

"I do feel very good about our arguments with the First Circuit," he stated to the council. "I think we're right, but you can never predict with any certainty what a court is going to decide, and there are different ways to look at these issues."

The state, however, could still face penalties in the matter from a federal judge.