American Car Rental Association v. Humphreys
On September 16, 2025, WLF asked the Tenth Circuit to reverse a district court decision and strike down Colorado’s $3-a-day “Congestion Activity Fee” on short-term vehicle rentals as preempted by federal law. In its amicus brief, WLF argues that the fee’s disproportionate burden on airport commerce contravenes the Anti-Head Tax Act’s text, context, and history, all which aim to prevent states from disproportionately targeting airport commerce. The district court’s erroneous construction renders key statutory provisions superfluous and flouts established preemption principles, risking a chilling effect on interstate air travel. WLF urges reversal to restore Congress’s intent and to protect the free flow of air commerce.
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