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Administrative Law Keyed to Funk
Air Courier Conference of America v. American Postal Workers Union, AFL-CIO
Citation:
498 U.S. 517, 111 S. Ct. 913, 112 L. Ed. 2d 1125 (1991)Facts
The United States Postal Service has historically held a monopoly over the carriage of letters in and from the United States, codified in the Private Express Statutes (PES). In 1979, the Postal Service suspended PES restrictions for “extremely urgent letters,” allowing overnight delivery by private couriers. Private courier services began using this suspension to engage in “international remailing,” which involves bypassing the Postal Service and using private couriers to deposit letters destined for foreign addresses with foreign postal systems. After initially proposing to clarify that the urgent-letter suspension did not cover international remailing, the Postal Service received overwhelmingly negative comments highlighting the benefits of international remailing, including lower costs and faster delivery. The Postal Service subsequently issued a final rule in 1986 specifically suspending the PES for international remailing. The American Postal Workers Union and National Association of Letter Carriers challenged this regulation under the Administrative Procedure Act, claiming the rulemaking record was inadequate to support a finding that the suspension was in the public interest.
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