US Court rejects USPS appeal of exigent surcharge removal.

The latest legal/regulatory attempt by the Postal Service to bring back the temporary 4.3 percent exigent surcharge that ended April 10, 2016 will probably be its last. Except of course postal leaders will continue to try to get Congress to reinstate a surcharge.

The Postal Service sought reconsideration of the PRC decision to end the exigent surcharge, claiming that the Commission “altered its original decision” by “changing the meaning and role of the ‘ability to adjust’ element of its [‘new normal’] test. The PRC had denied that request. The U.S. Court of Appeals panel of judges said, “Because the Commission’s denial of reconsideration is unreviewable, we dismiss the Postal Service’s petition for lack of jurisdiction.”