No. 18-853

United Parcel Service, Inc. v. Postal Regulatory Commission

Lower Court: District of Columbia
Docketed: 2019-01-04
Status: Denied
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: administrative-law agency-deference agency-discretion chevron-deference cost-attribution institutional-costs package-delivery postal-accountability-and-enhancement-act postal-regulatory-commission postal-service statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration Antitrust JusticiabilityDoctri
Latest Conference: 2019-05-16 (distributed 2 times)
Question Presented (AI Summary)

Should this Court reconsider the doctrine of Chevron deference?

Question Presented (OCR Extract)

QUESTIONS PRESENTED In the Postal Accountability and Enhancement Act of 2006, Congress enacted safeguards to ensure that the U.S. Postal Service cannot extend its monopoly over letter mail so as to obtain an unfair competitive advantage in package delivery, a market in which it competes with private companies. See 39 U.S.C. § 3633. The Postal Regulatory Commission’s regulations governing rates thus must “(1) prohibit the subsidization of competitive products by marketdominant products; (2) ensure that each competitive product covers its costs attributable; and (3) ensure that all competitive products collectively cover what the Commission determines to be an appropriate share of the institutional costs of the Postal Service.” Id. And “costs attributable” are defined as “the direct and indirect postal costs attributable to such product through reliably identified causal relationships.” Id. § 3631(b). In this case, the D.C. Circuit, applying Chevron, deferred to the Commission’s unexplained interpretation of “institutional costs” as only a residual category and of “reliably identified causal relationships” as minimum costs. The questions presented are: 1. Should this Court reconsider the doctrine of Chevron deference? 2. Should this Court hold that Chevron deference does not apply to an agency’s unexplained statutory interpretations? (i)

Docket Entries

2019-05-20
Petition DENIED.
2019-05-13
DISTRIBUTED for Conference of 5/16/2019.
2019-05-08
Rescheduled.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-22
Reply of petitioner United Parcel Service, Inc. filed.
2019-04-05
Brief of intervenor respondents Amazon.com Services, Inc., et al. in opposition filed.
2019-04-05
Brief of respondent Postal Regulatory Commission in opposition filed.
2019-02-20
Motion to extend the time to file a response is granted and the time is further extended to and including April 5, 2019, for all respondents.
2019-02-14
Motion to extend the time to file a response from March 6, 2019 to April 5, 2019, submitted to The Clerk.
2019-02-04
Brief amici curiae of States of Texas, et al. filed.
2019-01-31
Brief amicus curiae of Landmark Legal Foundation filed.
2019-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2019, for all respondents.
2019-01-30
Motion to extend the time to file a response from February 4, 2019 to March 6, 2019, submitted to The Clerk.
2019-01-14
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2019, for all respondents.
2019-01-11
Motion to extend the time to file a response from February 4, 2019 to March 6, 2019, submitted to The Clerk.
2018-12-26
Petition for a writ of certiorari filed. (Response due February 4, 2019)
2018-10-15
Application (18A398) to extend the time to file a petition for a writ of certiorari from October 25, 2018 to December 24, 2018, submitted to The Chief Justice.
2018-10-15
Application (18A398) granted by The Chief Justice extending the time to file until December 24, 2018.

Attorneys

Amazon.com Services, Inc.
Neal Kumar KatyalHogan Lovells US LLP, Respondent
Neal Kumar KatyalHogan Lovells US LLP, Respondent
Landmark Legal Foundation
Richard Peter HutchisonLandmark Legal Foundation, Amicus
Richard Peter HutchisonLandmark Legal Foundation, Amicus
Postal Regulatory Commission
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
THE STATES OF TEXAS, ALABAMA, ARIZONA, ARKANSAS, KANSAS, LOUISIANA, MISSOURI, MONTANA, NEBRASKA, OHIO, OKLAHOMA, SOUTH CAROLINA, AND UTAH
Kyle Douglas HawkinsTexas Attorney General's Office, Amicus
Kyle Douglas HawkinsTexas Attorney General's Office, Amicus
United Parcel Service, Inc.
Kathleen Marie SullivanQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner
Kathleen Marie SullivanQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner