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Ophir v. City of Boston

Filing Date: 2009
Case Categories:
  • Federal Statutory Claims
    • Clean Air Act
      • Industry Lawsuits
        • State and Municipal Vehicle Standards
Principal Laws:
Clean Air Act (CAA), Energy Policy and Conservation Act (EPCA)
Description: Challenge to city requirement that taxicab companies purchase new hybrid cars by 2015.
  • Ophir v. City of Boston
    Docket number(s): 09-10467-WGY
    Court/Admin Entity: D. Mass.
    Case Documents:
    Filing Date Type File Action Taken Summary
    08/14/2009 Memorandum Opinion and Order Download Memorandum and order issued. The court enjoined the City of Boston from requiring taxicab companies to purchase new hybrid cars by 2015. The plaintiffs argued that local regulation of air quality was preempted by federal law and that the Clean Air Act preempted not only regulations targeted at vehicle manufactures and sellers, but also regulations targeted at the purchase of vehicles. The court agreed and enjoined the City from enforcing the requirement. 
    07/23/2009 Not Available Hearing held. At a hearing, a federal district court in Boston preliminarily enjoined the city from requiring taxicab companies to purchase new hybrid cars by 2015.
    03/27/2009 Complaint Download Complaint filed. A taxicab owners association filed suit alleging that the City of Boston's requirement that taxicab owners purchase 2008 or 2009 or later-model vehicles is prohibited under the preemption provisions of the CAA and the Energy Policy and Conservation Act. The plaintiffs argued that local regulation of air quality is preempted by federal law and that the CAA preempts not only regulations targeted at vehicle manufactures and sellers, but also regulations targeted at the purchase of vehicles.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.