Court Strikes Down 2019 First-Class Five Cent Price Hike; Slams “Rubber Stamp” PRC
Posted on October 9, 2019 by mailomg in Memo 428, Uncategorized // 0 Comments
A federal appeals court struck down the five cent increase in single-piece First-Class Mail that took effect January 2019, ruling in favor of Douglas Carlson who filed the suit as his own lawyer.
Carlson, a regulatory advocate, asserted that the Postal Regulatory Commission’s approval of the 10% increase from 50 cents to 55 cents was “arbitrary and capricious under the APA (Administrative Procedure Act) because the commission failed to consider the objectives and factors” outlined in the Postal Accountability and Enhancement Act (PAEA).
The court agreed.
The ruling will have no immediate affect on current rates pending appeal by the Justice Department and Postal Regulatory Commission. But given the victory by one man who challenged the system, nothing is certain.
“We conclude that the Commission fell short of the APA’s requirement for reasoned decision making because it did not adequately analyze the stamp price hike’s compliance with all of the PAEA’s relevant statutory objectives and factors, particularly those raised in the public comments,” wrote Judge Neomi Rao for the three judge panel.
The Court slammed the PRC for not following the law.
“Congress directed the Commission to serve as more than just a rubber stamp of the Postal Service’s proposed rate increases,” the opinion states. “The PAEA establishes a robust rulemaking process for the Commission, subjecting rate-change proposals to the deliberative and participatory process of notice-and-comment rulemaking under the APA. By failing to consider relevant statutory objectives and factors and declining to respond to significant public comments, the Commission violated the APA when it approved the stamp price hike.”
“Although the five-cent stamp price hike may have gone unnoticed by many, the American Revolution was fomented in part by ordinary people who objected to taxation through stamps,” wrote Judge Rao.
“Carlson’s objections arise in less fraught times. We conclude that this stamp price hike violated the APA because the (Postal Regulatory) Commission failed to consider the relevant policies of the PAEA, particularly those raised in the public comments. We therefore grant Carlson’s petition for review, vacating the part of Order 4875 that includes the stamp price hike and the rate adjustments to the category of first-class mail.”
Judge Rao said the PRC failed to offer an “adequate explanation of the increase” and did not respond to public comment that challenged the price hike.
Click for Court Ruling in Carlson v Postal Regulatory Commission
Search the Official Mail Guide
LATEST NEWS
-
Included in this document are potential changes under review for the next Structural Release scheduled for July 2022. This document is prepared based on the knowledge [...]
-
INTERNATIONAL SERVICE RESUMPTION NOTICE Effective Friday, June 3, 2022, the Postal Service will resume acceptance of the following services destined to Australia: •Priority [...]
-
The Postal Service is revising Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52), to incorporate new requirements for mailers to separate, into identifiable [...]
-
MAI offers sorter tray rack systems that enhance mail processing productivity. Sorter Tray Racks from these companies are featured: –Fluence (Bell & Howell) — [...]
-
MAILCOM has issued a Call For Presentations for its upcoming 40th Annual Conference & Exhibition, October 3-5 at the Resorts in Atlantic City. The deadline for speaker [...]
-
Digital mail delivery has been a viable technology for a decade, but its popularity has been limited. That is no longer the case. Remote work is the new normal, and teams [...]
-
Pictured: Facility Manager Jim Baker, with the Insignia 6H Folding and Gluing Systems Labels, Tags & Inserts Inc. (LTI) has expanded their capabilities with the [...]
-
The MDC Certification Review focuses on classes of mail, mailpiece design, commercial mail preparation/requirements and extra services, and is a great opportunity for you to [...]
-
Updated Appendix A provides a detailed description of the various address correction options available within basic / Nonautomation and full-service mailings and the STIDs [...]
-
The Postmatic Print One Stamping System is a cost-effective solution for basic direct mailing needs; allowing you to print and apply postage stamps to increase [...]
-
This publication provides information on the Manifest Mailing System, which automates the documentation of postage and fees for all pieces in a mailing paid via permit [...]
-
PHOENIX, AZ — The U.S. Postal Service recognized CVS Health and Credit One Bank with the 2022 Partnership for Growth award at the NPF. The Partnership for Growth award is [...]
-
Here are U.S. Postage Rates effective July 10, 2022 (click to read). JULY 2022 POSTAGE STATEMENTS Here are the draft July 2022 Postage Statements reflecting the July 10 [...]
-
ATLANTIC CITY — After two years of scheduling MAILCOM and then postponing because of the pandemic, the 40the Annual Conference & Exhibition will take place October [...]
-
Printers, Mailers Scramble; Relief In Sight, But Prices Stay High WASHINGTON, DC – The paper shortage that gained traction in the Fall of 2021 exploded into a full fledged [...]
NEW IN THE OMG:
-
Spring 2020 Tech
Correct Elect Vote by Mail
-
Spring 2020 Tech
Vote by Mail Automation
-
Spring 2020 Tech
Prepare USPS Mailings In Cloud
-
Spring 2020 Tech
EZ-Letters Sorting Solution
-
Memo 540
Seal-Tight Concentrate Saves
-
Spring 2020 Tech
SMART Shipping System
-
Spring 2020 Tech
Convert Flats To Envelopes
-
Spring 2020 Tech
Make Shaped Mail
-
Spring 2020 Tech
Card Mailing System
-
Spring 2020 Tech
PB Intelligent Lockers
-
Spring 2020 Tech
Mail Tray Carts
-
Spring 2020 Tech
Tabbing & Labelling System
-
Spring 2020 Tech
Omega Flats Mixed Mail Sorter
INDUSTRY SPOTLIGHT
-
Accuzip CEO
How to Add Value to Mailed Communications
-
Carousel 4
Johnson & Quin Installs Truepress
-
Carousel 4
The Wisdom Of Ben Franklin, Printer-Mailer
-
BOWE CEO John Lombard
Aggressively Improving Material Processing Operations
-
Carousel 4
The Key to Midwest Direct’s 35 Years of Success
-
Carousel 4
Odd Ways The USPS Delivers Mail
-
Carousel 4
Kevin O’Connor: Mail Industry Is Not Dying, Digitally Evolving
-
Carousel 4
Mail In The Wrong Hands Can Be Dangerous
-
Carousel 4
Sorter Tray Racks Speed Mail Processing
-
Carousel 4
Mail Collection Box History
-
Carousel 4
Fulfillment Robots Are Coming (Video)
-
Carousel 4
Kirk-Rudy Turns 50!
-
Carousel 4
Engineering Innovation Marks 10th Year
-
Carousel 4
GENERATE EXCITEMENT with the Power of Paper
-
Carousel 4
Electronic Return Receipt Cuts Costs
-
Carousel 4
More Cool Conveyors
-
Carousel 4
Daily Emailed Pictures Of Your Incoming Mail
-
Address/Barcode Printers
Effective Communications in the Global Marketplace
THE BUSINESS OF MAIL
-
Carousel 1
Incoming Mail Becomes Digital With Eco-Mail
-
Carousel 1
CEO Built LetterLogic from Basement Up …
-
Bowe Direct Mailer
BOWE Introduces Direct Mailer Inserting System
-
Carousel 1
Flying Air Taxi Begins Tests
-
Carousel 1
Mailer Uses Online App To Outsource Document Mailings
-
Carousel 1
East Tenn State Gives Students Parcels On-Demand
-
Carousel 1
Low-Cost Envelope Printer
-
Carousel 1
How To Reduce Undeliverable (UAA) Mail In USA, Globally
-
Carousel 1
SendPro Shipping Tool Is UKC’s New Best Friend
-
Carousel 1
Vitamix Mailcenter Ship Solution
-
Carousel 1
ODMS’ Growth Formula: Hard Work, Great Technology, Good Service
-
Bike Delivery
UPS eBike Begins Service
-
Carousel 1
University of Pittsburgh’s New Intelligent Parcel Lockers
-
Carousel 1
Driverless Truck Delivers Beer In Colorado
-
Carousel 1
Credit Union Brings Doc Processing Back In-House
-
Carousel 1
UPS Begins Drone Delivery Test Flights
-
Carousel 1
JLS Tests Neopost’s IS-6000 Mailing System
-
Carousel 1
Using Informed Visibility to Add Value to Mail
-
Address/Barcode Printers
Effective Communications in the Global Marketplace
-
Carousel 5
Matrix Imaging, A Pioneer In Transactional Mail
-
Carousel 5
Penn State Automates Acceptance-Letter Mailing Process
-
Carousel 5
Postal Center International (PCI) Shifts To Inkjet Printing
-
Carousel 5
IMS Moves To Full Color Production Inkjet
-
Carousel 5
Utility Billing Firm AVR Prints With AcceleJet
-
Carousel 5
How Adding Services Help InPlants Survive
-
Carousel 5
JLS Mailing Services Soars With 100% Solar Power
-
Carousel 5
Compu-Mail Sees More Dynamic Mailing With Inkjet Press
-
Carousel 5
IWCO Installs Truepress Inkjet Web Press
-
Carousel 5
Action Mail Picks Phoenix Printer