ELR Citation: ELR 20140
No(s). 08 Civ. 7837 (S.D.N.Y. Jun 22, 2009)

A district court preliminarily enjoined New York City from enforcing regulations that promote the purchase of hybrid taxicabs by reducing the rates at which taxicab owners may lease their vehicles to taxi drivers—thereby reducing the owners' overall profit—if the vehicle does not have a hybrid or clean-diesel engine. The regulations are a de facto mandate upon taxicab fleet owners to purchase hybrid vehicles. In addition, the fleet owners have demonstrated irreparable harm and a likelihood of success in showing that such a mandate is preempted by the Energy Policy and Conservation Act (EPCA) and the CAA. The EPCA provides that states may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards. Here, the purpose and effect of the regulations is to force fleet owners to purchase taxicabs with a certain miles per gallon rating; hence, the regulations are "related to" fuel economy standards. Similarly, the regulations are intended to reduce emissions, and CAA §209(a) preempts New York City from enacting regulations related to emissions control.