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

No. 12-1221.

717 F.3d 209 (2013)

UNITED STATES POSTAL SERVICE, Petitioner v. POSTAL REGULATORY COMMISSION, Respondent Association for Postal Commerce, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2013.

Attorney(s) appearing for the Case

David C. Belt , Attorney, U.S. Postal Service, argued the cause for petitioner. With him on the briefs was Michael J. Elston , Chief Counsel.

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Michael S. Raab , Attorney, Stephen L. Sharfman , General Counsel, Postal Regulatory Commission, and R. Brian Corcoran , Deputy General Counsel.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Through snow and rain and heat and gloom of night, the Postal Service delivers the mail. But the Postal Service does so under the watchful eye of a separate independent agency, the Postal Regulatory Commission. As relevant here, the Commission regulates the rates that the Postal Service may charge for mail.

This case concerns the rates that the Postal Service charges for presorted mail. Presorted mail generally refers to bulk mail...

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