(CN) – The Supreme Court on Monday declined to hear New York City’s appeal over its thwarted attempt to make cab drivers replace their yellow gas guzzlers with fuel-efficient hybrids.
A lawsuit from the Metropolitan Taxicab Board of Trade, along with several taxi fleet operators, had kept the city from an enforcing a fuel-efficiency standards passed in 2007. The law would require that new taxis in service after Oct. 1, 2008, achieve at least 25 city miles-per-gallon of fuel, while those put into service after Oct. 1, 2009, get 30 city miles per gallon.
Finding that the law violated preemption clauses of the Energy Policy and Conservation Act, the District Court tied the city’s hands. The 2nd Circuit had rejected the city’s appeal in July.
“In sum, the new rules are not applicable to gasoline costs in general, nor are they neutral to the fuel economy of the vehicles to which they apply,” Judge John Walker wrote for the circuit in 2010.
As is its custom, the Supreme Court did not comment on its decision to reject the city’s latest appeal. It noted only that Justice Elena Kagan did not take part in the consideration or decision of the petition.