Judge Tosses NY City Bid To Green Its Cab Fleet by Requiring Fuel-Efficient Taxis

In a ruling being cheered by New York's taxi company owners, a federal judge in Manhattan has blocked implementation of a city requirement that all new vehicles in the taxi fleet deliver fuel economy of at least 25 mile per gallon now and 30 miles per gallon beginning in October 2009.

The ruling effectively guts Mayor Michael Bloomberg's plan to reduce the city's air pollution and carbon footprint by substantially reducing automotive smog and carbon emissions.

There are more than 15,000 cabs in New York, most spending much of their operating time idling or rolling at low speeds -- situations that heavily increase toxic tailpipe emissions.

Most of the New York taxi cabs are large passenger vehicles -- the 12-miles-per-gallon Ford Crown Victoria is a popular choice -- emitting almost three times the carbon dioxide and other greenhouse gases of many hybrid models.

About 10 percent of the city's cabs are hybrids now, mainly Ford Escape hybrid SUVs, and Bloomberg had hoped the new fuel economy minimums would rapidly convert the entire fleet to hybrids of other fuel-efficient vehicles.

In addition to their fuel economy -- which reduces carbon emissions -- hybrid cabs can dramatically reduce toxic emissions by running on electric power alone at very low speeds and shutting down their gas engines when idling or stopped at traffic signals and stop signs.

The Metropolitan Taxicab Board of Trade filed suit, though, claiming that the hybrids weren't safe or comfortable for passengers when converted to taxis and that only the federal government has the right to impose vehicle fuel economy standards.

Federal Judge Paul Crotty didn't address the safety measure, but ruled in the taxi company trade group's favor on grounds of federal preemption -- that in cases of fuel economy regulation, the federal government's standards preempt local or state rules.

Crotty's ruling blocks implementation of the city's fuel economy rules for taxis pending a trial on the merits of the taxi owners' suit.

"Millions of people who ride taxicabs and the thousands of drivers, owners and other participants in the New York City taxi industry can breathe a sigh of relief today as this ill-conceived hybrid taxi mandate" has been thrown out, said Ron Sherman, president of the city cab company owners' group.

Bloomberg said in a statement issued today that he has ordered the city Taxi Licensing Commission to continue encouraging use of hybrids in the cab fleet by establishing incentives for the purchase of the most fuel-efficient models and penalties for continued reliance on the old gas-guzzlers.

"The decision is not a ruling against hybrid cabs, rather a ruling that archaic Washington regulations are applicable and therefore New York City, and all other cities, are prevented from choosing to create cleaner air and a healthier place to live," Bloomberg said in his statement.

In addition to the Ford Escape Hybrid, the city's taxi commission has approved the Nissan Altima, Toyota Camry and Chevrolet Malibu hybrids for use as cabs.

Posted by

John O'Dell October 31, 2008, 4:07 PM

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