Congressman Says Buffalo Mail Facility Closing Violates National Environmental Policy Act

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Congressman Asks White House for Environmental Review

Congressman Brian Higgins (NY-27) says the United States Postal Service’s (USPS) plan to close the Buffalo mail processing facility fails to include an environmental impact analysis and therefore is a violation of the National Environmental Policy Act (NEPA).  Consequently the Congressman is asking The White House Council on Environmental Quality to put the USPS on notice for their failure to comply with national environmental requirements.

Higgins asserted, “The Postal Service has arbitrarily chosen the Buffalo facility for closure.  Their justification is non-existent, their public notification is negligible but they can’t ignore the undeniable environmental impact their actions would have and their legal obligations to review and report on that impact before making a decision.”

“Increased truck traffic and the associated increase in harmful emissions warrants rigorous environmental review,” said Brian Smith, CCE Program and Communications Director. “Citizens Campaign for the Environment strongly supports Congressman Higgins request to ensure that NEPA is followed.”
Below is a copy of Congressman Higgins’ letter:
January 20, 2012
Hon. Nancy Sutley
Chair
The Council on Environmental Quality
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
Re: USPS Buffalo Closure Plan Violates NEPA
Dear Ms. Sutley:
Efforts by the United States Postal Service (USPS) to close the William Street Processing and Distribution Center in Buffalo, NY, clearly violate the National Environmental Policy Act of 1969 (NEPA).  As such, I write today to request that the Council on Environmental Quality (CEQ) put the USPS on notice for its violation of the law and join me in demanding full compliance.
As you are aware, the National Environmental Policy Act of 1969, as amended and as interpreted through regulation and the courts, establishes a rigorous rubric with which to vet the decisions of federal agencies with regard to their environmental impact.  NEPA sets forth that actions with adverse environmental impacts should be avoided, and if they cannot be avoided they should be mitigated.  The environmental review required by the Act and its associated regulations calls for, at minimum, a rigorous and open alternatives analysis and a consultation with other stakeholder agencies within and without the federal government with an interest and/or expertise in the subject area.  NEPA also vests the CEQ with responsibility for overseeing government agencies’ compliance with NEPA.
I submit to you that there has been no transparent alternatives analysis in the USPS deliberations relative to this facility.  The USPS has provided no evidence that consideration was given to any alternative consolidation arrangement.  Further, there has been no consultation with stakeholder agencies such as the EPA, the US DOT, the NYS DEC, the NYS DOT, or the NYS Thruway Authority, as required by law.
The negative environmental impact of the USPS proposal is clear.  Under this proposal, mail originating in and delivered within Erie County, NY would first be shipped back and forth some 70 miles to Monroe County, NY.  Using standard estimators for pollution resulting from diesel trucks, it is evident that the proposed action would have a significantly negative environmental impact as it would introduce the following amounts of recognized pollutants into the atmosphere annually:
  • Volatile Organic Compounds: 2,705 lbs.
  • Carbon Monoxide: 10,627 lbs.
  • Oxides of Nitrogen: 77,865 lbs.
  • Particulate Matter: 1,642 lbs.
  • Carbon Dioxide: 24,683 tons

In addition to violating NEPA, the proposed action also would be clearly contrary to the Postal Service’s own stated environmental policy goals.  Their “FY 2011 Strategic Sustainability Performance Plan” calls for a 20% reduction in “contracted transportation petroleum fuel use… by FY 2020.”  This action flies in the face of that goal.

Again, I respectfully request that the Council put the USPS on notice for its violation of the law and join me in demanding their full compliance with NEPA and its associated regulations.  Thank you very much for your consideration and your leadership.
Sincerely,

Brian Higgins
Member of Congress
Cc:       Ms. Lisa P. Jackson, Administrator, EPA
Ms. Judith A. Enck, Regional Administrator, USEPA Region 2
Mr. Joseph Martens, Commissioner, NYS DEC

9 thoughts on “Congressman Says Buffalo Mail Facility Closing Violates National Environmental Policy Act”

  1. At least Higgins is trying something, Whether it is a delay tactic or not. What other congressman is as involved as Brian Higgins.

  2. Many months ago when we first began our fight to save our USPS, I said that the emisions would be increased. People told me it was not important. YES, it is significant indeed. The trucks will undeniably be on the road more because mail WILL be trucked farther to be dps’d. Then as for the workers that will not be driving making up for emisions of the trucks, not so. The majority of people that I know who were excessed, drove the 100+ miles every day to and from work. They had homes they could not sell and families they wanted to be with daily. We all look at how some places in Europe have turned their emisions around and think how great that is but fail to do the same here when given a chance. This is one of those chances and the impact is important. Wake up and listen to your environmental conscience. True, only part of what is going on but important, none the less.

  3. Sure its a delay tactic and i’m all for it.I don’t want to see the buffalo plant closed
    And see the local economy hurt,and 700 postal jobs moved out of the area and
    The destruction of the postal service. Thank you congressman Higgins.Get rid of THE POSTAL MANAGEMENT,We need better ideas to improve postal mail delivery to our
    Customers not lousy mail delivery,delaying the mail from next day to three /four
    day delivery.The 5billion a year over payment must go away also and this whole
    Mess can be solved differently.

  4. Must be election time…either that or this Bozo owes some political favors (See Godfather 2 where the Senator walks out of a hearing after testifying that some of his best friends are Italian)

    this guy hasn’t seen the inside of a post office. his pages and lemmings do that for him. These lemmings are not to be confused with the lemming members of APWU who get their feelings hurt when anyone says:

    Unhappy with APWU? Unhappy with the contract? Unhappy with the level of representation you’re getting? Unhappy with loss of 40 hour jobs?

    OCCUPY APWU at the 2012 Convention in Los Angeles (August 20-24) at the Westin Bonaventure Hotel (404 S Figueroa St, Los Angeles, CA)

    OTHERWISE:

    Shut up and keeping paying dem dues! And, by the way…stay in line all you lemmings!

  5. Unhappy with APWU? Unhappy with the contract? Unhappy with the level of representation you’re getting? Unhappy with loss of 40 hour jobs?

    OCCUPY APWU at the 2012 Convention in Los Angeles (August 20-24) at the Westin Bonaventure Hotel (404 S Figueroa St, Los Angeles, CA)

    OTHERWISE:

    Shut up and keeping paying dem dues! And, by the way…stay in line all you lemmings!

  6. I think the Congressman is grasping at straws! He’s trying to do what ever possible to keep Buffalo open mainly because its election time again! He needs to show his constituents that he’s trying to do his best so they will re-elect him for another term!
    Shame on you, Mr Brian Higgins!

  7. I’m not in favor of consolidations, but come on…the trucks already run. Where do you think the mail comes from now? Its going to be the same trucks, transporting the same mail, except that now when it comes in it will already be sorted instead of being unsorted.

    And even if there were any environmental impact (which there isn’t) it is mitigated by all those employee’s cars not being used to travel to & from work anymore…

  9. I am not in favor of ANY CONSOLIDATION because the Postal Service problems as they are now structured is the FAULT OF CONGRESS by way of Legislation enacted in 2006 which, if amended properly with a tweak or two, the massive structural and network changes would not be necessary.

    That said, the Congressman’s letter as I read it, IS A REAL REACH….and a delay tactic at most.
    I do want to thank the Congressman for his concern, but I would suggest that he would better use his efforts to SHUNT THE ISSA/ROSS BILL which will be permanently deadly to the Postal Service.

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