In a case brought by the American Car Rental Association on behalf of the rental industry, the 10th Circuit ruled that Colorado’s congestion impact fee falls on renters — not rental companies — and can remain in effect. ACRA argued that Colorado’s fee unlawfully burdened airport rental operations because the revenue supports statewide transportation projects rather than airport improvements. A federal appeals court has upheld Colorado’s $3-per-day congestion impact fee on short-term vehicle rentals, rejecting a challenge brought by the American Car Rental Association (ACRA). Dissent Says Rental Companies Bear the Fee Circuit Judge Allison Eid dissented, arguing that Colorado’s statutory structure places the financial obligation on rental companies rather than consumers. “Colorado assesses and exacts payment of the Fee from car rental companies, not consumers — a ‘levy’ upon airport businesses,” Eid wrote.