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UNITED STATES POSTAL SERV. v. POSTAL REGULATORY

No. 19-1155.

963 F.3d 137 (2020)

UNITED STATES POSTAL SERVICE, Petitioner v. POSTAL REGULATORY COMMISSION, Respondent. Association for Postal Commerce, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2020.

Attorney(s) appearing for the Case

Stephan J. Boardman , Attorney, United States Postal Service, argued the cause for petitioner. On the briefs were Redding C. Cates and Morgan E. Rehrig , Attorneys. David C. Belt entered an appearance.

Dennis Fan , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Daniel Tenny , Attorney, David A. Trissell , General Counsel, Postal Regulatory Commission, Anne J. Siarnacki , Deputy General Counsel, and Lauren A. D'Agostino , Attorney.

Matthew D. Field and Ian D. Volner , Washington, DC, were on the brief for intervenor Association for Postal Commerce in support of respondent.

Daryl L. Joseffer , Michael B. Schon , and Ashley C. Parrish , Washington, DC, were on the brief for amicus curiae Chamber of Commerce of the United States of America in support of respondent.

Concurring opinion filed by Circuit Judge Rao.

When foreigners send mail to the United States by "Inbound Letter Post," they pay their local postal carrier, who bears the cost of delivering that mail to our shores. Inside the country, the Postal Service takes over. Although foreign carriers pay dues to the Postal Service to defray the cost of delivery, those dues—...

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