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Taxi owners won another round Monday in their fight against the city's efforts to turn its yellow cabs green. Saying that emissions- and mileage-related laws were only for Congress to make, U.S. District Court Judge Paul A. Crotty blocked a new set of city rules that would have allowed fleet companies to charge fuel-efficient cab drivers higher rental rates for their vehicles. The higher rates would provide a strong incentive for those companies to switch to only greener, hybrid vehicles and phase out old gas-guzzlers. Despite rejecting the plan, Judge Crotty still praised the city's intent in his ruling: "Increasing the number of hybrid taxicabs is an appropriate and important governmental priority." And though this is the second time Judge Crotty has struck down the city's attempts to convert its taxis to a more fuel-efficient fleet, New York City Law Department Counsel Michael Cardozo says the city's not giving up yet: "We do not believe that Congress intended to prohibit local governments from implementing incentive programs ... that encourage the purchase of environmentally friendly taxis. We are exploring our legal options."
Federal Judge Rejects City's Hybrid Taxi Incentives
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It's the same media that NEVER mentioned Muslims' hatred of Israel as a possible motive for 9/11.
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That doesn't make sense. If only Congress can legislate emissions requirements, then how did the California Air Resources Board pass their ZEV mandate back in the 1990s? New York State had a similar mandate at the time, although ultimately both states backed off, thanks to the considerable influence of the automotive industry. Payback's a bitch, ain't it, GM and Chrysler?
California had their own regulations prior to the Clean Air Act and was allowed to keep control of their own regulations. Other states can apply to use the CA standards, which is generally granted, but other states cannot set their own standards.
The Act's preemption does not, imo, prohibit a city from regulating their taxicab fleet.
I don't see how one can call an incentive plan an emission-related law That would invalidate such things as NY State's current tax break for solar/wind/geothermal installations, since that's also a state law that has the same goal of reducing emissions (except from power plants rather than cars).
Dear Gothamist--
Those ACES ads are getting ever more repulsive. I can't stand looking at them anymore. Please, stop! I am starting to make that face myself.
Well of course the drivers are going to be pissed off if they are charged more just to drive a "different" car. It is an unfair incentive that only benefits the cab companies. What the city SHOULD be doing is REQUIRING all new cars that are bought by the taxi companies to be hybrids. Then somehow weed out the gas guzzlers currently on the road by putting a maximum odometer reading of say 100,000 miles. There is no reason that NYC shouldn't step up and take advantage of high mpg cars (especially hybrids which take advantage of city driving).