ARTICLE
11 May 2022

AG Coalition Sues To Block USPS Mail Truck Acquisition Program

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Cozen O'Connor

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In particular, the USPS allegedly did not adequately consider reasonable alternatives such as purchasing electric vehicles rather than ones powered by internal combustion engines.
United States Environment
  • A coalition of sixteen state AGs and the DC AG, along with the City of New York and the Bay Area Air Quality Management District), sued the United States Postal Service and United States Postmaster General Louis DeJoy alleging that USPS's purchase of mail trucks to replace 90% of its aging fleet of over 212,000 vehicles violated the National Environmental Policy Act. In particular, the USPS allegedly did not adequately consider reasonable alternatives such as purchasing electric vehicles rather than ones powered by internal combustion engines.
  • The complaint alleges that USPS Next Generation Delivery Vehicle Acquisitions program contracted with a manufacturer with little experience in electric vehicle manufacturing, made a down payment, and then, ex post facto, conducted an inadequate environmental review. The review, among other things, allegedly did not consider enough options for electric/combustion engine fleet mixes; did not consider several environmental impact issues, including air quality, environmental justice, and climate harms; and failed to ensure the scientific integrity of its analysis by relying on unfounded assumptions regarding the costs and performance of electric vehicles, infrastructure, and gas prices.
  • The coalition's lawsuit seeks a declaration that USPS's environmental review violated NEPA and an order halting the acquisition unless and until USPS complies with NEPA.

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