Affordable Mail Alliance: On Tuesday, May 24, the D.C. Circuit issued its decision in the exigency rate case appeal. The decision, while not the end of the litigation, is a major step in that direction. On the central issue in the case, the court agreed with the Postal Regulatory Commission ("PRC") and the mailers (including the Affordable Mail Alliance) that the requirement contained in the Postal Accountability and Enforcement Act of 2006 that an exigent increase be "due to" the exigent circumstances requires a causal nexus between the exigency and the increase. The court sent the case back to the PRC for more explanation of how close or tight the nexus must be, especially when the Postal Service's losses have multiple causes. The court emphasized that the PRC would have wide discretion in resolving this issue. Read more!
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