Postal Service in Court

Akiak Native Community v. U.S. Postal Service

Case Nos. 98-35466 U.S. Court of Appeals for the Ninth Circuit

ENVIRONMENTAL-USE OF HOVERCRAFT TO DELIVER MAIL TO REMOTE ALASKAN VILLAGES-COASTAL ZONE MANAGEMENT ACT-NATIONAL ENVIRONMENTAL POLICY ACT

The U.S. Postal Service initiated an experimental program for delivering mail to eight remote Alaskan Native villages by hovercraft, instead of fixed wing aircraft. The Natives sought an injunction on the ground that the project violates the Coastal Zone Management Act and the National Environmental Policy Act. Summary judgment was for the postal service.

HELD: The Postal Service program may be enjoined only if the action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. The CZMA requires that development projects in a coastal zone must, to the maximum extent practicable, be consistent with approved state management programs. In this case the Alaska Division of Governmental Coordination and the Postal Service agreed that the Project was consistent with the Plans. There is no compelling reason to challenge this conclusion. The Postal Service also prepared an Environmental Assessment report, which found no significant impact on the environment. The Postal Service seeks to improve the reliability and efficiency of mail delivery service to remote Alaskan villages. The Postal Service was not required to consider alternatives that would not serve this reasonable purpose. There is no violation of CZMA or NEPA. Affirmed.