Lawyers for the Justice Department in July had filed a motion to dismiss Workhorse’s challenge, citing its “admitted failure to exhaust mandatory administrative remedies,” according to court documents. Oshkosh filed a similar motion.
Workhorse later argued that USPS’ administrative remedies violated the U.S. Constitution, the Justice Department said, but it argued that “Workhorse has forfeited its newfound…challenge by failing to raise it before the Postal Service.”
Postmaster General Louis DeJoy has committed to at least 10 percent of the fleet being electric vehicles, but has said that with government assistance the USPS could commit to making a majority of the fleet electric within 10 years.
Congress is considering providing USPS billions to speed the adoption of EVs. Earlier this month, a U.S. House of Representatives panel approved $2.4 billion for the USPS to buy new EV postal trucks and build charging infrastructure.