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NAT'L POSTAL POLICY COUNCIL v. POSTAL REGULATORY

No. 17-1276 Consolidated with 20-1505, 20-1510, 20-1521.

17 F.4th 1184 (2021)

NATIONAL POSTAL POLICY COUNCIL, Petitioner v. POSTAL REGULATORY COMMISSION, Respondent. National Newspaper Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 2021.

Attorney(s) appearing for the Case

Ayesha N. Khan argued the cause for Mailer petitioners. With her on the briefs were William B. Baker , Eric S. Berman , Matthew D. Field , Ian D. Volner , and Elizabeth C. Rinehart .

David C. Belt , Attorney, U.S. Postal Service, argued the cause for petitioner United States Postal Service. With him on the briefs was Morgan E. Rehrig , Attorney. Stephen J. Boardman , Chief Counsel, entered an appearance.

Dana Kaersvang , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Brian M. Boynton , Acting Assistant Attorney General, and Michael S. Raab and Michael Shih , Attorneys, David A. Trissell , General Counsel, United States Postal Regulatory Commission, Christopher Laver , Deputy General Counsel, and Anne J. Siarnacki and Reese T. Boone , Attorneys.

Morgan E. Rehrig and David C. Belt , Attorneys, United States Postal Service, were on the brief for intervenor United States Postal Service in support of respondent.

William B. Baker , Ayesha N. Khan , Eric S. Berman , Matthew D. Field , Ian D. Volner , and Elizabeth C. Rinehart were on the brief for intervenors Alliance of Nonprofit Mailers, et al. in support of respondent. David M. Levy entered an appearance.

Before: ROGERS and TATEL, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

In 2006, Congress passed the Postal Accountability and Enhancement Act, which directed the Postal Regulatory Commission to establish a ratemaking system to govern the prices set by the U.S. Postal Service for its market-dominant products. Although Congress left many details to the Commission, it forbade rates from increasing...

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