December 18, 2020

Today, the Alliance of Nonprofit Mailers challenged in court the Postal Regulatory Commission final rules allowing the United States Postal Service to impose large above-CPI price increases on mailers, which we have long believed to be unlawful.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Alliance of Nonprofit Mailers,                 ) Association for Postal Commerce,   ) MPA – The Association of Magazine ) Media,     )

American Catalog Mailers Association,   )

Petitioners,                          )

)

1. )

)

Postal Regulatory Commission,               )

Respondent.                         )

)

)

Case No.

PETITION FOR REVIEW

Pursuant to 5 U.S.C. § 706, 28 U.S.C. § 2344, 39 U.S.C. § 3663, and Federal Rule of Appellate Procedure 15(a), MPA – the Association of Magazine Media (“MPA”), the Alliance of Nonprofit Mailers (“ANM”), the Association for Postal Commerce (“PostCom”), and the American Catalog Mailers Association (collectively with MPA, ANM, and PostCom, “Petitioners”) hereby petition this Court for review of a rulemaking order and of a prior related order of the Postal Regulatory Commission (“Commission”). See Order Adopting Final Rules for the System of Regulating Rates and Classes for Market Dominant Products, Docket No. RM2017-3, Order No. 5763 (released Nov. 30, 2020) (“Order No. 5763”); Order on the Findings and Determination of the 39 U.S.C. § 3622 Review, Docket No.

RM2017-3, Order No. 4257 (released December 1, 2017) (“Order 4257,” and with Order 5763, the “Orders”). Copies of Order 5763 and Order 4257 are attached to this petition as Exhibit A and B, respectively. The final rule and the new regulations promulgated with Order 5763 were published at 85 Fed. Reg. 81124-81141 (Dec. 15, 2020). This petition is timely because it was filed within 30 days of publication of the final rule, and jurisdiction and venue are proper in this Court pursuant to 39

U.S.C. § 3663.

These Orders result from a review the Commission undertook of its current system of regulating rates for market dominant postal products pursuant to the Postal Accountability and Enhancement Act (the “Act”), Pub. L. 109-435, 120 Stat. 3198 (2006), relevant portions codified at 39 U.S.C. § 3622(d)(3). In Order No. 4257, the Commission found that its current system of regulating market dominant rates had not met the objectives of the Act. In Order No. 5763, the Commission promulgated new ratemaking regulations that, among other things, revised the existing regulations by allowing annual price increases above the annual change in the Consumer Price Index applied on a class-average basis. In so doing, the Commission exceeded its statutory authority. Petitioners seek review of the Orders because they are contrary to law, arbitrary and capricious, and an abuse of discretion within the meaning of the Administrative Procedures Act, 5 U.S.C. § 701 et seq.

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Petitioners are membership organizations whose members rely on mailings to raise charitable funds, generate income, distribute publications and information, build membership, provide their products to customers, and/or communicate with existing and potential customers. Petitioners represent their members in administrative and judicial proceedings concerning postage rates, including the proceedings that led to the Orders. Petitioners are aggrieved by the Orders because the Orders will likely result in a devastating increase in the postal rates Petitioners’ members pay as part of the core nature of their business.

Petitioners respectfully request that this Court hold unlawful, vacate, enjoin, and set aside the Orders, and provide such additional relief as may be appropriate.

Dated:  December 18, 2020                Respectfully submitted,

Eric S. Berman Matthew D. Field Ian D. Volner

Elizabeth C. Rinehart VENABLE LLP

600 Massachusetts Avenue, N.W.

Washington DC 20001

(202) 344-4661 (Berman)

(202) 344-8281 (Field)

esberman@venable.com mfield@venable.com idvolner@venable.com lcrinehart@venable.com

Counsel for Petitioners

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UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUI

Alliance of Nonprofit Mailers,                 ) Association for Postal Commerce,   ) MPA – The Association of Magazine ) Media,     )

American Catalog Mailers Association,   )

Petitioners,                          )

)

1. )

)

Postal Regulatory Commission,               )

Respondent.                         )

)

)

Case No.

RULE 26.1 DISCLOSURE STATEMENT OF THE ALLIANCE OF NONPROFIT MAILERS

Pursuant to Federal Rule of Appellate Procedure 26.1 and Circuit Rule 26.1, the Alliance of Nonprofit Mailers (“ANM”) provides its disclosure statement.

ANM is a membership organization of charities and other nonprofit organizations that rely on the mail to raise funds, build membership, distribute publications, and disseminate information. ANM seeks to promote the interests of its members, inter alia, by participating in administrative and civil litigation concerning the rates of postage paid by nonprofit organizations.  ANM is organized as a nonprofit corporation under the laws of the District of Columbia and has its principal place of business in the District of Columbia. ANM is not

publicly traded and has no corporate parent. No publicly traded entity has an ownership interest in ANM. ANM is a trade association within the meaning of Circuit Rule 26.1(b).

Dated:  December 18, 2020                Respectfully submitted,

Eric S. Berman Matthew D. Field Ian D. Volner

Elizabeth C. Rinehart VENABLE LLP

600 Massachusetts Avenue, N.W.

Washington DC 20001

(202) 344-4661 (Berman)

(202) 344-8281 (Field)

esberman@venable.com mfield@venable.com idvolner@venable.com lcrinehart@venable.com

Counsel for Petitioners

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Alliance of Nonprofit Mailers,                 ) Association for Postal Commerce,   ) MPA – The Association of Magazine ) Media,     )

American Catalog Mailers Association,   )

Petitioners,                          )

)

1. )

)

Postal Regulatory Commission,               )

Respondent.                         )

)

)

Case No.

RULE 26.1 DISCLOSURE STATEMENT OF THE ASSOCIATION FOR POSTAL COMMERCE

The Association for Postal Commerce (“PostCom”) hereby files its Disclosure Statement pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Fed. R. App. P. 26.1.

PostCom is a membership organization comprised of direct marketing firms, printers, letter shops, suppliers, and others who use or support the use of mail for business communication and commerce. Members of PostCom are customers, competitors, or licensees of the Postal Service for both postal and nonpostal services and products that are the subject of the Commission order under review.

PostCom is organized under the laws of the District of Columbia, and has its

principal place of business in Alexandria, Virginia.  PostCom is not publicly traded and has no corporate parent. No publicly traded entity has an ownership interest in PostCom. PostCom is a trade association within the meaning of Circuit Rule 26.1(b).

Dated:  December 18, 2020                Respectfully submitted,

Eric S. Berman Matthew D. Field Ian D. Volner

Elizabeth C. Rinehart VENABLE LLP

600 Massachusetts Avenue, N.W.

Washington DC 20001

(202) 344-4661 (Berman)

(202) 344-8281 (Field)

esberman@venable.com mfield@venable.com idvolner@venable.com lcrinehart@venable.com

Counsel for Petitioners

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Alliance of Nonprofit Mailers,                 ) Association for Postal Commerce,   ) MPA – The Association of Magazine ) Media,     )

American Catalog Mailers Association,   )

Petitioners,                          )

)

1. )

)

Postal Regulatory Commission,               )

Respondent.                         )

)

)

Case No.

RULE 26.1 DISCLOSURE STATEMENT OF MPA – THE ASSOCIATION OF MAGAZINE MEDIA

Pursuant to Federal Rule of Appellate Procedure 26.1 and Circuit Rule 26.1, MPA – the Association of Magazine Media (“MPA”) provides its disclosure statement.

MPA is a membership organization of magazine publishers. MPA seeks to promote the interests of its members, inter alia, by participating in administrative and civil litigation concerning the rates of postage paid by magazine publishers.

MPA is organized as a nonprofit corporation under the laws of the state of New York and has its principal place of business in the District of Columbia. MPA is not publicly traded and has no corporate parent. No publicly traded entity has an ownership interest in MPA. MPA is a trade association within the meaning of Circuit Rule 26.1(b).

Dated:  December 18, 2020                Respectfully submitted,

Eric S. Berman Matthew D. Field Ian D. Volner

Elizabeth C. Rinehart VENABLE LLP

600 Massachusetts Avenue, N.W.

Washington DC 20001

(202) 344-4661 (Berman)

(202) 344-8281 (Field)

esberman@venable.com mfield@venable.com idvolner@venable.com lcrinehart@venable.com

Counsel for Petitioners

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Alliance of Nonprofit Mailers,                 ) Association for Postal Commerce,   ) MPA – The Association of Magazine ) Media,     )

American Catalog Mailers Association,   )

Petitioners,                          )

)

1. )

)

Postal Regulatory Commission,               )

Respondent.                         )

)

)

Case No.

RULE 26.1 DISCLOSURE STATEMENT OF

THE AMERICAN CATALOG MAILERS ASSOCIATION

Pursuant to Federal Rule of Appellate Procedure 26.1 and Circuit Rule 26.1, the American Catalog Mailers Association (“ACMA”) provides its disclosure statement.

ACMA is a trade association established under Section 501(c)(6) of the Internal Revenue Code that represents the interests of businesses, individuals, and organizations engaged in and supporting cataloging, direct selling, and e-commerce. ACMA seeks to promote the interests of its members, inter alia, by participating in administrative and civil litigation concerning the rates of postage paid by its member companies.  ACMA is organized as a nonprofit corporation under the laws of the

District of Columbia and has its principal place of business in Rhode Island. ACMA is not publicly traded and has no corporate parent. No publicly traded entity has an ownership interest in ACMA. ACMA is a trade association within the meaning of Circuit Rule 26.1(b).

Dated:  December 18, 2020                Respectfully submitted,

Eric S. Berman Matthew D. Field Ian D. Volner

Elizabeth C. Rinehart VENABLE LLP

600 Massachusetts Avenue, N.W.

Washington DC 20001

(202) 344-4661 (Berman)

(202) 344-8281 (Field)

esberman@venable.com mfield@venable.com idvolner@venable.com lcrinehart@venable.com

Counsel for Petitioners

CERTIFICATE OF SERVICE

I hereby certify that, on December 18, 2020, I will cause one copy of the foregoing Petition for Review and Corporate Disclosure Statements to be served on the following counsel by first-class mail:

Thomas J. Marshall Keven A. Calamoneri

1. Andrew German Keith E. Weidner David C. Belt

U.S. Postal Service

475 L’Enfant Plaza, SW Washington, DC 20260-1127

Counsel for U.S. Postal Service

David A. Trissell

Postal Regulatory Commission 901 New York Avenue, N.W. Suite 200

Washington, D.C. 20268-0001

Counsel for Postal Regulatory Commission

Dana Lydia Kaersvang Dana.L.Kaersvang@usdoj.gov

U.S. Department of Justice (DOJ) Civil Division, Appellate Firm: 202-514-2000

950 Pennsylvania Avenue, NW Washington, DC 20530

Michael S. Raab, Attorney michael.raab@usdoj.gov

U.S. Department of Justice (DOJ) Civil Division, Appellate Firm: 202-514-2000

950 Pennsylvania Avenue, NW Washington, DC 20530

Counsel for Postal Regulatory Commission