Administrative Law Keyed to Lawson
Air Courier Conference v. Postal Workers
The United States Postal Service has a monopoly over the carriage of letters in the United States, codified by the Private Express Statutes (PES). Congress created the monopoly as a revenue protection service for the Postal Service. Pursuant to a provision under the PES allowing it to suspend PES restrictions as to any mail route where the public interest so requires, the Postal Service issued a regulation authorizing “international remailing,” which means bypassing the Postal Service and using private couriers to deposit letter destined for foreign addresses with foreign postal services. The Respondent Unions, representing Postal Service Employees, sued in District Court challenging the provision pursuant to the judicial review provisions of the APA and claiming that the regulation’s suspension of the PES was not in the public interest. The District Court granted summary judgment in favor of the Postal Service and the Petitioner, Air Courier Conference of America (ACCA). The Court of Appeals vacated the grant of summary judgment and held that the Unions satisfied the zone-of-interests requirement for APA review under Clark v. Securities Industry Association, and that the PES suspension was not justified by the public interest.
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