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Allway Taxi, Inc. v. New York, City of

Citation: 2 ELR 20400
No. No. 71 Civ. 2293, 340 F. Supp. 1120/3 ERC 2051/(S.D.N.Y., 04/10/1972)

The federal Clean Air Act (42 U.S.C. § 1857) does not preempt New York City from enacting an ordinance requiring exhaust emission controls for licensed taxicabs, where there is no clear congressional intent to preempt the field and where there is no direct conflict between the local and federal schemes. Treating the City of New York's motion to dismiss as a motion for summary judgment and considering the merits of the case, the court denies plaintiff's claim for a preliminary injunction against enforcement of the ordinance. The ordinance does not deny equal protection simply because it is directed only at taxicabs and not all autos; it is not necessary that "all evils of the same genus be eradicated or none at all."

Counsel for Plaintiffs
Friedlander, Gaines, Ruttenberg & Goetz
1140 Avenue of the Americas
New York, New York 10036

Counsel for Defendants
J. Lee Rankin Corporation Counsel
Municipal Building
New York, New York