Gordon-Darby Holdings, Inc. v. Quinn
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Vacated
The First Circuit granted the New Hampshire Commissioners’ motion to stay a district court preliminary injunction that had forced the State to keep enforcing its repealed motor-vehicle emissions inspection program. The court held the Commissioners are likely to succeed on appeal because the plaintiff, Gordon-Darby Holdings, failed to show an existing or repeated violation of the Clean Air Act’s State Implementation Plan, making its citizen-suit premature, and the remaining stay factors also favored the State.
Circuit Split Identified
Legal Issue
Whether the Clean Air Act permits citizen suits against state regulators acting in their regulatory capacity under 42 U.S.C. § 7604/§7605.
Circuit Positions
Citizen suits may be brought against state regulators acting in their regulatory capacity.
§7605 does not permit citizen suits against state regulators qua regulators.
No definitive position taken; split acknowledged but unresolved.
Conflict Summary
The Third Circuit has held that citizen suits may be brought against states in their regulatory capacity, while the Sixth Circuit has held that §7605 does not allow such suits; the First Circuit noted the disagreement but expressly declined to take a substantive position.