(CN) – New York City can’t make taxi drivers replace their yellow gas guzzlers with fuel-efficient hybrids, the 2nd Circuit ruled Tuesday.
In 2007, the city issued rules requiring 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.
The Metropolitan Taxicab Board of Trade, along with several taxi fleet operators, sued, seeking to block the rule on the grounds that it violated preemption clauses of the Energy Policy and Conservation Act.
The district court agreed, and so did the 2nd Circuit.
“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.