California and 15 other states that want the US Postal Service to buy more electric delivery vehicles are suing to halt purchases of thousands of gas-powered trucks as the agency modernizes its mail delivery fleet.
Three separate lawsuits, filed by 16 states and environmental groups Thursday in New York and California, ask judges to order a more thorough environmental review before the Postal Service moves forward with the next-generation delivery vehicle program.
Plaintiffs contend that buying fossil fuel-powered delivery vehicles will cause environmental harm for decades to come.
“Louis DeJoy’s gas-guzzling fleet guarantees decades of pollution with every postcard and package,” said Scott Hochberg, an attorney with the Center for Biological Diversity, referring to the postmaster general.
One lawsuit was filed by the Center for Biological Diversity, Earthjustice, CleanAirNow KC and Sierra Club in San Francisco. Attorneys general from 16 states and the District of Columbia filed another suit in the same venue.
Another was filed by the Natural Resources Defense Council and United Auto Workers in New York.
All three of them target the environmental review underpinning of the Postal Service’s planned purchase of up to 165,000 next-generation delivery vehicles over the next decade.
The review process “was so rickety and riddled with error that it failed to meet the basic standards of the National Environmental Policy Act,” said Adrian Martinez, senior attorney on Earthjustice’s Right to Zero campaign.
“The crux of this case is that the Postal Service performed its [environmental] analysis too late, and even the analysis it did prepare was incomplete, misleading, and biased against cleaner vehicles,” Martinez wrote in his complaint reviewed by the Washington Post.
He continued, “Astoundingly, the Postal Service signed a contract and paid millions of dollars for these vehicles first, before beginning its environmental analysis to justify its action, in blatant violation of [the National Environmental Policy Act].”
“The Postal Service’s improper action will not only needlessly pollute every American community for decades to come, but it will also cost millions more in taxpayer funds and leave the agency vulnerable to fluctuating fuel prices.”
California attorney general Rob Bonta said it’s critical to stop the process before it is too late.
“Once this purchase goes through, we’ll be stuck with more than 100,000 new gas-guzzling vehicles on neighborhood streets, serving homes across our state and across the country, for the next 30 years. There won’t be a reset button,” he said.
The Postal Service defended its actions, with its spokesperson Kim Frum stating in an email, “The Postal Service conducted a robust and thorough review and fully complied with all of our obligations under (the National Environmental Policy Act).”
The Postal Service contract calls for 10% of the new vehicles to be electric but the Postal Service contends more electric vehicles can be bought based on financial outlook and strategic considerations.
In an interview with the Washington Post earlier this year, DeJoy said, “The policy of electrifying the fleet of the nation is a mission that I will support. But I would be negligent to spend all my money on doing that.”
“I have a lot of other needs. I got 500 plants I need to address. I have 30-year-old IT … I have to spend a few billion dollars, at least, to get my plants relevant … I made a decision on this batch. When it’s ready for the next batch, I will evaluate,” he added.
The Postal Service’s fleet includes 190,000 local delivery vehicles. More than 141,000 of those are the old models that lack safety features like air bags, anti-lock brakes and backup cameras. The Postal Service is in the process of replacing the ubiquitous delivery trucks that went into service between 1987 and 1994.
The percentage of battery-electric vehicles was doubled to 20% in the initial $2.98b order for 50,000 vehicles. The new gasoline-powered vehicles would get 14.7 miles per gallon (23.7 kilometers per gallon) without air conditioning, compared with 8.4 mpg (13.5 kpg) for the older vehicles, the Postal Service said.
The states that sued are California, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.
The Bay Area Air Quality Management District in California, District of Columbia and city of New York joined that lawsuit as well.
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