United States DC Circuit

In a petition for review of the Postal Regulatory Commission's order concluding that certain activities carried on by the Postal Service - the provision of philatelic services (relating to stamp collecting) and the leasing and licensing of Postal Service property - were, under the Postal Accountability and Enhancement Act, subject to the Commission's review for possible termination, the petition is denied where the Commission reasonably construed its authority under 39 U.S.C. section 404(e)(3) extended to nonpostal services authorized under "independent" explicit grants of authority.

Appellate Information

• Argued 02/08/2010
• Decided 03/30/2010
• Published 03/30/2010

Judges

• Before:  TATEL, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Miriam R. Nemetz argued the cause for petitioner.   With her on the briefs were Kenneth S. Geller and Melanie W. Rughani.


• For Appellees:
  
• Eric Fleisig-Greene, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief were Michael S. Raab, Attorney, Stephen L. Sharfman, General Counsel, Postal Regulatory Commission, R. Brian Corcoran, Assistant General Counsel, and Kenneth E. Richardson, Attorney.