LAWSUITS FILED OR PENDING

December 2008

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Preliminary Injunction Prevents New York City from Implementing Minimum Miles Per Gallon Standards For New Taxis
Metropolitan Taxicab Board of Trade, et. al. v. City of New York, et. al

In a ruling dated October 31, 2008, Judge Paul A. Crotty, U.S. District Judge for the Southern District of New York, granted a motion for preliminary injunction to prohibit New York City from implementing newly adopted minimum miles per gallon requirements for new taxicabs licensed in the city. A complaint challenging the new requirements, which were scheduled to take effect on November 1, 2008, alleged that the requirements are preempted by federal law. The judge held that the plaintiffs had demonstrated that they had standing to sue, were likely to suffer irreparable harm, and had evidenced a likelihood of success on the merits as to their claim under the Energy Policy and Conservation Act of 1975 (EPCA).