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U.S. POSTAL SERVICE v. POSTAL REGULATORY COM'N

No. 10-1343.

640 F.3d 1263 (2011)

UNITED STATES POSTAL SERVICE, Petitioner v. POSTAL REGULATORY COMMISSION, Respondent National Postal Mail Handlers Union et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 2011.

Attorney(s) appearing for the Case

Paul D. Clement argued the cause for the petitioner. Jeffrey S. Bucholtz , Zachary D. Tripp , Paul A. Mezzina and Michael J. Elston , Attorneys, United States Postal Service, were on brief.

Bruce R. Lerner and Osvaldo Vazquez were on brief for intervenor National Postal Handlers Union in support of the petitioner.

Peter D. DeChiara was on brief for amicus curiae National Association of Letter Carriers, AFL-CIO in support of the petitioner.

Daniel Tenny , Attorney, United States Department of Justice, argued the cause for the respondent. Michael S. Raab , Attorney, Stephen L. Sharfman , General Counsel, Postal Regulatory Commission, R. Brian Corcoran , Assistant General Counsel, and Richard A. Oliver , Attorney, were on brief.

Ian D. Volner , David M. Levy , David R. Straus , Michael W. Hall , Tonda F. Rush , William B. Baker , John M. Burzio , Thomas W. McLaughlin and Timothy L. Keegan were on brief for intervenors Affordable Mail Alliance et al. in support of the respondent.

Susan M. Collins , pro se, was on brief for amicus curiae United States Senator Susan M. Collins in support of the respondent.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Section 201(d) of the Postal Accountability and Enhancement Act of 2006 (PAEA or Act), Pub.L. No. 109-435, 120 Stat. 3198, generally limits annual increases in the postal rates for market dominant products to an amount equal to the change in the Consumer Price Index for All Urban Consumers (CPI-U). The United States Postal Service (Postal Service) filed a request with the Postal Regulatory Commission (Commission) to exceed the...

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