Postal Service says its NEPA rewrite follows the Supreme Court's Seven County decision and changes to the law
United States Postal ServiceUnited States Postal Service, in the preamble to its interim final rule in the Federal Register
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.
Responding 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.
“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.”
Original text

Where this statement fits
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
On September 25, 2026, the U.S. Postal Service published an interim final rule, effective that day, that partially rescinds and rewrites its regulations for complying with the National Environmental Policy Act (NEPA). The rule keeps only definitions, a list of routine actions that NEPA does not cover, categorical exclusions from environmental review and an emergency provision in the Code of Federal Regulations. The rest of USPS's procedures move to a standard operating procedures handbook that the rule calls nonbinding guidance. It also adds two categorical exclusions: one for buying or converting vehicles that are at least as fuel efficient and clean as the ones they replace, and one for processing network changes meant to improve performance. USPS says the rewrite follows the repeal of the Council on Environmental Quality's NEPA regulations, amendments Congress made to NEPA in 2023 and 2025, and the Supreme Court's 2025 decision in Seven County Infrastructure Coalition v. Eagle County. It extended the comment period to November 9. On November 9, attorneys general for 18 states and the District of Columbia, joined by Harris County, Texas, and the City of New York, filed comments calling the rule unlawful and asking USPS to withdraw it. They say it curtails environmental review and public participation and object to six of the rule's categorical exclusions as vague or overbroad.
Source and context
Original text
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.
Archived copy (opens in a new tab)Before the quotation
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.
After the quotation
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.
How this statement is classified
The label describes this statement's response within the context above.
Why 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.
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More from this case
Read the full caseBonta and other attorneys general call the Postal Service's NEPA rule unlawful and ask USPS to withdraw it
“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.”Read statement
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- Postal Service says its NEPA rewrite follows the Supreme Court's Seven County decision and changes to the law
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The Dispute Index. "Postal Service says its NEPA rewrite follows the Supreme Court's Seven County decision and changes to the law". First published: 2026-11-15. Last updated: 2026-11-15. https://disputeindex.com/events/9004-in-the-rule-s-preamble-usps-says-it