Judge Gives City the Gas to Put CNG-Powered Taxis at the Front of the Line at Love Field

Back in March, you may recall, cab drivers at Love Field were none too pleased with the city council’s decision to give compressed natural gas-powered taxis front-o’-the-line privileges at the airport. A month later, the Association of Taxicab Operators went to federal court to block the city from implanting the ordinance, and District Judge Ed Kinkeade issued a temporary restraining order.

But, for now at least, it’s all over now, baby blue: Frank Librio at Dallas City Hall just sent word that Kinkeade has given the city the okee-doke to move ahead with giving CNG-powered taxis the top spots at Love Field. Says Mayor Tom Leppert, “This is an important step in our efforts to clean up our region’s air. This is clearly critical from a health
standpoint, helps us attract new companies to Dallas and reduces our
nation’s dependence on foreign oil.” The full release follows.

Update: To clarify, Kinkeade denied the Association of Taxicab Operators’ petition for a temporary injunction. Ultimately, he could still grant a permanent injunction after the trial.

Dallas cab drivers using compressed natural gas vehicles will soon be
heading to the front of the taxi dispatch line at Love Field Airport

Dallas – Yesterday, United States District Judge Ed Kinkeade denied an
attempt by the Association of Taxicab Operators to prevent the City from
implementing this important clean air ordinance. The group had sought a
preliminary injunction to stop the policy from taking effect.

“This is an important step in our efforts to clean up our region’s air,”
said Mayor Tom Leppert. “This is clearly critical from a health
standpoint, helps us attract new companies to Dallas and reduces our
nation’s dependence on foreign oil.”

The ordinance, adopted last March, was designed to encourage the use of
low-emission CNG vehicles to help Dallas fight air pollution and bring
the City into line with federal clean air standards. It would allow the
cleaner running CNG taxis to move to the front of the line to pick up
passengers waiting at the airport.

The nine-county Dallas-Fort Worth (“DFW”) region has been designated a
nonattainment area with respect to the Environmental Protection Agency
(“EPA”) standards for ground-level ozone pursuant to the federal Clean
Air Act. If the DFW region fails to come into compliance with the
ground-level ozone standard as required by the Clean Air Act, the
consequences may be severe, including the loss of federal highway
funding and other funds. Moreover, the EPA has proposed to strengthen
the ground-level ozone standard, making it even more difficult for the
DFW region to come into compliance.

“This policy sends a strong signal that we’re serious about the quality
of our air,” said Mayor Leppert.

Emissions from mobile sources, including motor vehicles, comprise
approximately seventy-three percent (73%) of ozone-causing pollution in
the DFW region. The City determined that providing incentives for
low-emission vehicles was an important component of the City’s efforts
to help bring the DFW region into compliance.

The Court rejected arguments that the Ordinance created an emission
standard that was pre-empted by federal law. In fact, the Court
concluded that Congress intended that air pollution prevention and air
pollution control are primary responsibilities of the States and local
governments.

The City is now fine tuning the details to quickly roll out the policy
at Love Field.