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Metropolitan Taxicab Board of Trade v. City of New York

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Argued: January 22, 2010

Before WALKER, STRAUB, and LIVINGSTON, Circuit Judges.

The Taxicab & Limousine Commission of New York City (“TLC”) and several New York City officials (collectively, “the City”) appeal the grant of a preliminary injunction by the United States District Court for the Southern District of New York (Paul A. Crotty, Judge), that enjoined the enforcement of the City’s revisions to the maximum lease rates for taxicabs that effectively shifted fuel costs from drivers of fleet taxis to fleet owners to incentivize the use of hybrid-engine and fuel-efficient vehicles. The district court held that the new rules likely related to fuel economy standards and new vehicle emissions and were thus preempted under the Energy Policy and Conservation Act (“EPCA”), 49 U.S.C. § 32919(a), and the Clean Air Act (“CAA”), 42 U.S.C. § 7543(a). Metro. Taxicab Bd. of Trade v. City of N.Y., 633 F. Supp. 2d 83, 105-06 (S.D.N.Y. 2009).

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