ELR Citation: ELR 20193
No(s). 09-2901 (2d Cir. Jul 27, 2010)

The Second Circuit upheld a preliminary injunction that enjoined the enforcement of New York City's revised taxicab lease rate rules that effectively shifted fuel costs from taxicab fleet drivers to taxicab fleet owners to incentivize the use of hybrid-engine and fuel-efficient vehicles. The rules, based expressly on the fuel economy of a leased vehicle, plainly fall within the scope of the Energy Policy and Conservation Act (EPCA) preemption provision. Because preemption under the EPCA is sufficient to affirm the preliminary injunction, the court did not reach the question of whether the preemption provision of the CAA would invalidate the city's new rules.

[A prior decision in this litigation can be found at 39 ELR 20140.]