Postal Service rewrites its environmental review rules and adds exclusions for vehicle purchases and mail processing; 18 states, D.C., Harris County and New York City call the rule unlawful
The Postal Service replaced most of its environmental review regulations with nonbinding procedures in a September 25, 2026 interim rule. Attorneys general for 18 states, D.C., Harris County and New York City call it unlawful and ask USPS to withdraw it.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
USPS operates the largest federal vehicle fleet, about 262,000 vehicles according to the attorneys general. In its 2023 final supplemental environmental impact statement for the Next Generation Delivery Vehicle program, USPS committed to replacing more than 106,000 vehicles with a fleet that is 62 percent electric. The coalition says it would be inappropriate for USPS to use the new vehicle exclusion to change that commitment without a new environmental impact statement. Several of the same states sued USPS in 2022 over the environmental review for that vehicle purchase.
The rule says the Administrative Procedure Act does not apply to it and that USPS is taking comments voluntarily. Other federal agencies have revised their own NEPA procedures since the council's regulations were repealed in 2025. As of November 14, 2026, USPS had not published a response to the comments.
People in this case
Rob BontaDirectly involved
Timeline
3 timeline entries on this page. Dates: September 25, 2026 to November 9, 2026
September 2026
Postal Service publishes an interim final rule rewriting its NEPA regulations
The rule takes effect the same day. It keeps a short set of regulations, moves the rest of USPS's procedures into a nonbinding handbook and adds categorical exclusions for vehicle procurement and fuel conversion and for processing network actions. Comments were due October 26.
[01]U.S. Postal Service interim final rule: National Environmental Policy Act Implementing Procedures (91 FR 60827)
The Postal Service's interim final rule, effective September 25, 2026, which partially rescinds and rewrites its NEPA regulations at 39 CFR part 775, moves most of its procedures into a nonbinding handbook and adds categorical exclusions for vehicle procurement and fuel conversion and for processing network changes.
U.S. Postal Service interim final rule: National Environmental Policy Act Implementing Procedures (91 FR 60827)Federal Register, Vol. 91, No. 185, pages 60827 to 60840, document 2026-19720
October 2026
Postal Service extends the comment period to November 9
USPS extends the deadline for public comments on the interim final rule to November 9, 2026, to allow more time for review.
[02]U.S. Postal Service notice extending the comment period on its NEPA interim final rule (91 FR 66791)
The Postal Service's notice extending the public comment period on its September 25 interim final rule to November 9, 2026.
U.S. Postal Service notice extending the comment period on its NEPA interim final rule (91 FR 66791)Federal Register, Vol. 91, page 66791, document 2026-21699
November 2026
Attorneys general for 18 states, D.C., Harris County and New York City ask USPS to withdraw the rule
Claim
The coalition, which includes California and New York, files comments calling the rule unlawful and objecting to six categorical exclusions, including the new exclusion for vehicle purchases.
[03]Comments of the attorneys general of California, New York and other states opposing the Postal Service's NEPA interim final rule
The coalition's comments asking the Postal Service to withdraw the rule. They argue it curtails environmental review and public participation contrary to NEPA, and object to six categorical exclusions, including the new exclusion for vehicle procurement and fuel conversion.
Comments of the attorneys general of California, New York and other states opposing the Postal Service's NEPA interim final rule33-page comment letter dated November 9, 2026, sent to Postal Service environmental counsel Thomas Shepherd
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
United States Postal Service
The repeal of the Council on Environmental Quality's NEPA regulations, Congress's amendments to NEPA and the Supreme Court's Seven County decision require the Postal Service to revise its NEPA regulations and streamline its environmental review process.
What is disputed
The attorneys general say the rule goes beyond what those changes require, curtails environmental review and public participation contrary to NEPA, and adds vague and overbroad categorical exclusions. They ask USPS to withdraw it and publish a new proposal for comment.
Sources (2)
- U.S. Postal Service interim final rule: National Environmental Policy Act Implementing Procedures (91 FR 60827)Federal Register, Vol. 91, No. 185, pages 60827 to 60840, document 2026-19720
- Comments of the attorneys general of California, New York and other states opposing the Postal Service's NEPA interim final rule33-page comment letter dated November 9, 2026, sent to Postal Service environmental counsel Thomas Shepherd
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 matching responses. Newest first.
Rob BontaCalifornia attorney general, in a comment letter filed with 17 other states, the District of Columbia, Harris County, Texas, and the City of New YorkDirectly involvedBefore this statement
The letter says the states have a strong interest in NEPA compliance and public participation to protect their residents, property and natural resources, and in federal agencies consulting state agencies with relevant expertise.
"The Rule would harm these State interests by curtailing environmental review and opportunities for public participation in a manner and to an extent not warranted by law. These comments describe how the Rule harms the States and is contrary to NEPA. In sum, the Rule is unlawful. For the reasons stated below, the Attorneys General strongly oppose the Rule and request that it be withdrawn in its entirety."
CondemnedResponding to: The repeal of the Council on Environmental Quality's NEPA regulations, Congress's amendments to NEPA and the Supreme Court's Seven County decision require the Postal Service to revise its NEPA regulations and streamline its environmental review process.
Full statement and sources
In comments filed with USPS, the coalition says the rule harms the states by curtailing environmental review and public participation beyond what the law allows, calls it unlawful and asks that it be withdrawn in its entirety.
After the statement
The letter goes on to object to six of the rule's categorical exclusions, and says that using the new vehicle exclusion to change USPS's commitment to a 62 percent electric delivery fleet without a new environmental impact statement would be inappropriate.
Comments of the attorneys general of California, New York and other states opposing the Postal Service's NEPA interim final rule33-page comment letter dated November 9, 2026, sent to Postal Service environmental counsel Thomas ShepherdWhy this label?
The attorneys general call the rule unlawful, say it harms their states and ask USPS to withdraw it entirely, so we labeled it condemns.
This label describes the statement's response within the context above.
United States Postal ServiceUnited States Postal Service, in the preamble to its interim final rule in the Federal RegisterDirectly involvedBefore this statement
The preamble says the Council on Environmental Quality's NEPA regulations were repealed as of April 11, 2025, and quotes the Supreme Court's description in Seven County of NEPA becoming a substantive roadblock and of agencies preparing ever longer environmental impact statements.
"USPS, thus, is issuing this interim final rule to streamline its NEPA process in accordance with the Supreme Court's decision and changes to the underlying statute. This revision has thus been called for, authorized, and directed by all three branches of government at the highest possible levels."
Defended or excusedResponding to: The repeal of the Council on Environmental Quality's NEPA regulations, Congress's amendments to NEPA and the Supreme Court's Seven County decision require the Postal Service to revise its NEPA regulations and streamline its environmental review process.
Full statement and sources
In the rule's preamble, USPS says it is streamlining its NEPA process to follow the Supreme Court's Seven County decision and Congress's amendments to NEPA, and that the revision has been called for and directed by all three branches of government.
After the statement
The rule then says USPS's remaining procedures will be kept in a handbook outside the Code of Federal Regulations and are intended to be non-binding guidance.
U.S. Postal Service interim final rule: National Environmental Policy Act Implementing Procedures (91 FR 60827)Federal Register, Vol. 91, No. 185, pages 60827 to 60840, document 2026-19720Why this label?
The Postal Service presents the rewrite as required by the courts, Congress and the executive branch and says it streamlines environmental review, so we labeled it defends or excuses.
This label describes the statement's response within the context above.
Sources
(3)
Original text
U.S. Postal Service interim final rule: National Environmental Policy Act Implementing Procedures (91 FR 60827)
Relevant passage: Federal Register, Vol. 91, No. 185, pages 60827 to 60840, document 2026-19720
About this source
The Postal Service's interim final rule, effective September 25, 2026, which partially rescinds and rewrites its NEPA regulations at 39 CFR part 775, moves most of its procedures into a nonbinding handbook and adds categorical exclusions for vehicle procurement and fuel conversion and for processing network changes.
- Author
- United States Postal Service
- Published
- Accessed
Original text
Comments of the attorneys general of California, New York and other states opposing the Postal Service's NEPA interim final rule
Relevant passage: 33-page comment letter dated November 9, 2026, sent to Postal Service environmental counsel Thomas Shepherd
About this source
The coalition's comments asking the Postal Service to withdraw the rule. They argue it curtails environmental review and public participation contrary to NEPA, and object to six categorical exclusions, including the new exclusion for vehicle procurement and fuel conversion.
- Author
- Attorneys General of California, New York and 16 other states, the District of Columbia, Harris County, Texas, and the City of New York
- Published
- Accessed
Original text
U.S. Postal Service notice extending the comment period on its NEPA interim final rule (91 FR 66791)
Relevant passage: Federal Register, Vol. 91, page 66791, document 2026-21699
About this source
The Postal Service's notice extending the public comment period on its September 25 interim final rule to November 9, 2026.
- Author
- United States Postal Service
- Published
- Accessed
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- Postal Service rewrites its environmental review rules and adds exclusions for vehicle purchases and mail processing; 18 states, D.C., Harris County and New York City call the rule unlawful
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The Dispute Index. "Postal Service rewrites its environmental review rules and adds exclusions for vehicle purchases and mail processing; 18 states, D.C., Harris County and New York City call the rule unlawful". First published: 2026-11-15. Last updated: 2026-11-15. https://disputeindex.com/cases/postal-service-nepa-rule-rewrite-attorneys-general-oppose