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Ass'n of Taxicab Operators USA v. City of Dallas

ELR Citation: 43 ELR 20137
Nos. 12-10470, (5th Cir., 06/13/2013)

The Fifth Circuit held that the CAA does not preempt a local ordinance that allows taxicabs certified to run on compressed natural gas (CNG) to cut ahead of gasoline-powered taxis in the queue for picking up passengers at Love Field Airport in Dallas. The ordinance does not create an enforceable standard to convert cabs from gasoline to CNG power. Nor do its indirect effects create a mandatory, de facto standard. Although the ordinance may have its intended effect and substitute CNG cabs for traditional cabs at Love Field, Dallas cab drivers do not face "acute economic coercion" to switch vehicles.