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USPS sued over new gas-powered delivery vehicles by UAW & states

Credit: USPS

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The United Auto Workers union, sixteen states, and four environmental groups recently filed lawsuits against the United States Postal Service (USPS). The groups aim to stop the Postal Service’s plan to purchase and produce gas-powered delivery vehicles to update its fleet. 

Background

The USPS announced it would spend up to $11.3 billion on up to 165,000 gas-powered NGDVs. The Biden Administration urged the Postal Service to reconsider its plans. President Biden had ordered federal agencies to phase out the purchase of gas-powered vehicles, and the USPS makes up a third of the U.S. government fleet. 

In March, the USPS received criticism from U.S. lawmakers in the House Oversight Committee for its gas-powered Next Generation Delivery Vehicles (NGDV). The Committee sent a letter to the USPS Inspector General requesting an investigation into the agency’s NGDV order. According to the Committee’s letter, the Environmental Protection Agency (EPA), the White House Council for Environmental Quality (CEQ), and numerous environmental stakeholders were concerned that the USPA did not meet NEPA obligations with its gas-powered NGDV fleet. 

The USPS responded to EPA feedback with a record of decision (ROD), which outlined the Postal Service’s decision to purchase and deploy 50,000 to 165,000 NGDVs over the next ten years. The agency stated that the NGDV fleet would be a mix of ICE and battery electric delivery vans. Electric vehicles would make up at least 10% of the agency’s fleet. However, the Postal Service also determined that ICE NGDVs were the “most achievable” replacements for its existing fleet. 

USPS Lawsuits by States

As per Reuters, sixteen states, led by New York and California, filed a lawsuit against the USPS for its flawed and unlawful environmental analysis of the NGDV program. The lawsuit also accuses the Postal Service of signing the contracts to purchase the gas-powered NGDV before completing a draft environmental review. 

According to the CEQ, the Postal Service’s final review for the NGDV program was “flawed in some ways that cannot be so easily remedied.” For example, USPS estimated that the gas-powered NGDVs would get 29.9 miles per gallon, but the EPA discovered that the vehicles would only get 14.7 miles per gallon or less. 

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UAW and NRDC Lawsuit

Besides the states lawsuit, the UAW filed a joint lawsuit with the Natural Resources Defense Council (NRDC), claiming the USPS “failed on multiple levels” when it evaluated and finalized the contract for the NGDVs. The two parties demand that the agency stop producing the next-generation delivery vehicles. As per the complaint, the UAW and NRDC stated that the NGDV contract is “based on an unlawfully deficient environmental analysis issued after the Postal Service had already decided on a course of action.”

The two parties also criticized the agency’s Environmental Impact Statement (EIS). The UAW and NRDC claim that the Postal Service did not consider the impact NGDV production — opposed to the operation — would have on the local environment. The EIS did not disclose that the vehicles would be produced in South Carolina by Oshkosh Defense, a Wisconsin-based contractor. 

“With this contract, USPS and Oshkosh Defense abandoned the Wisconsin workers that built the company and failed taxpayers with a sham process to evaluate the environmental and community impacts of these vehicles. The USPS’s Next Generation Delivery Vehicle is an opportunity for the Biden administration to reverse-court and make real investments in both a cleaner future and good union jobs The contract as it currently stands fails on both accounts. It’s time to halt production and start the procurement process over,” said Ray Curry, president of the United Auto Workers.

The Teslarati team would appreciate hearing from you. If you have any tips, reach out to me at maria@teslarati.com or via Twitter @Writer_01001101. 

Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Investor's Corner

SpaceX’s biggest earnings test yet lands Tuesday, and Tesla shareholders should be watching

SpaceX reports earnings Tuesday as Wall Street watches AI spending, Starlink growth and Tesla merger

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SpaceX reports third quarter results after the market closes Tuesday, with a webcast at 4:30 p.m. ET streamed on X, and Tesla follows a day later. Bloomberg consensus, cited by Pepperstone, calls for revenue of $12.89 billion, adjusted EBITDA of $6.62 billion and adjusted EPS near $0.15. That would be about 65% growth from the second quarter and SpaceX’s first profitable quarter since its IPO. Analysts expect roughly $6.4 billion from AI and $4.9 billion from Starlink, which is projected to reach 14.3 million consumer subscribers. Capital spending is forecast at $19.6 billion, leaving free cash flow near negative $11.6 billion.

The numbers matter because SpaceX has spent months trying to win over a skeptical market. It priced its record IPO at $135, spiked to $225.64, then sank near $105 in early August. Friday’s close of $146.03 sits about 28% below the June high. The Q2 report beat on revenue at $7.8 billion and put Starlink at 12 million subscribers, but $18.4 billion of capex hurt the stock. Since then SpaceX reached orbit on Starship Flight 14 with 26 Starlink V3 satellites, agreed to buy 800 MHz spectrum for about $8 billion as part of its Starlink Mobile push, and signed a fourth compute hosting deal in four months worth roughly $13 billion a year from December. Management is targeting more than 2 gigawatts of compute by year end and a $100 billion annualized revenue run rate. Evercore ISI, which raised its target to $275, said the quarter may be judged more on those targets than the reported figures

All of this sits under the Tesla merger question. Barclays analyst Dan Levy expects an all stock deal in which SpaceX buys Tesla at a premium, using reference values of $2.1 trillion and $1.5 trillion, and said an announcement would need to come by late October or early November to be voted on at Tesla’s December 6 annual meeting. Barclays estimates Musk would hold about 37% of the combined company and 56% of the votes. Musk said in July that combining companies cannot be discussed on an earnings call, but an investor question asking when SpaceX will merge with Tesla is sitting on SpaceX’s Q&A platform, and Teslarati has tracked how the Roadster demo revived the talk.

If a deal happens, Tuesday’s result would effectively set the price Tesla holders would receive. Their shares would convert into SpaceX stock, along with exposure to a company with a heavy investment on AI, while Tesla itself expects 2026 capex above $25 billion. A strong quarter and calmer spending would make that exchange easier to sell. Another round of heavy capex and a falling stock would make it harder.

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SpaceX’s Gwynne Shotwell just made a quiet gesture toward Tesla

SpaceX president Gwynne Shotwell quietly followed Tesla on X, and merger watchers noticed right away.

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SpaceX President and COO Gwynne Shotwell has started following Tesla’s official account on X, a small change that landed in the middle of a very loud merger conversation. Whole Mars Catalog joked about it on Sunday.

A follow is not an announcement, and neither company has said anything about a deal. What gives the moment weight is the timing. Barclays analyst Dan Levy has told clients that an agreement could come before Tesla’s annual meeting, which must be held by December 6, with SpaceX as the buyer in an all stock deal, as we reported after the Roadster unveiling. Wedbush’s Dan Ives has stuck with a 2027 timeline.

Shotwell is the executive most worth watching if the two companies do move closer. When Musk was asked at the All In Summit why Tesla and SpaceX remain separate, Shotwell sat next to him and said SpaceX personnel had already moved into xAI to fill leadership and engineering gaps. The businesses were integrating “faster than I thought,” she said, though “not fully integrated yet.” Her responsibilities have also grown since SpaceX absorbed xAI, and she now oversees operations that include Grok and the company’s AI compute buildout.

The financial links are already there. Tesla’s $2 billion xAI investment turned into a stake of less than one percent in SpaceX, the two share the Terafab chip project in Austin, and Musk exercised his 2018 Tesla options a week after SpaceX began trading, a sequence analysts flagged as giving SpaceX public shares to use in a deal. Musk holds about 20 percent of Tesla and controls 85.1 percent of SpaceX’s voting power, according to our earlier breakdown.

The next test is close at hand. SpaceX reports its second earnings as a public company on Tuesday after the close, and Tesla follows on Wednesday. Musk told analysts in July that “we can’t talk about combining companies and that kind of thing on an earnings call,” so a direct answer is unlikely from either stage. Tesla shareholders can still submit and vote on questions through the Say portal until 4 p.m. EDT on Monday, and the merger is a recurring theme in the queue.

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Elon Musk

Tesla Roadster owners to get “Flying Stunt Mode” and looping track access

Musk says Roadster owners can command the unveiling stunts autonomously, with a Texas looping track.

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Elon Musk says owners of the new Tesla Roadster will be able to ask the car to perform the stunts Tesla showed at its unveiling, with the car doing the driving itself. Musk made the comment Saturday in a reply on X to tech blogger Robert Scoble, and he added a promise of a looping track at Tesla’s Texas headquarters.

Scoble had argued that the person in the Roadster is not really driving it. In his description, the driver operates a computer that tells another computer what to do, with steering, braking and acceleration all handled by wire. Musk answered, “True. You will be able to ask the Roadster to perform any of the tricks shown autonomously, as it will be sentient. Also, we will have a wild looping track (crazier even than Hot Wheels) at our Texas HQ where you can test out your Roadster.”

At the October 15 event outside Waco, the car drove up a curved ramp until it was upside down, flew off on cold gas thrusters, flipped and landed. It also hovered over a Cybercab, Cybertruck, Semi, Model Y and Model 3 while moving. As we noted in our breakdown of the three Roadster configurations, Musk said at the event that the car “literally is just going to puff itself up” to perform the maneuvers whenever an owner wants. Saturday’s reply adds that the car would run them on its own.

Tesla has described some of the hardware that would make that possible. The Roadster uses steer by wire with a yoke, and its cold gas thrusters rely on electric actuators for small adjustments in flight. A fan system under the car creates suction, which Tesla says is strong enough to hold it upside down, a setup we covered in our look at the Roadster’s fan system and thrusters.

Musk did not say when an autonomous stunt feature might arrive, how it would work, or what he means by sentient. He also gave no size, location or opening date for the Texas track. Production is planned for Giga Texas in 2027 or 2028, and Tesla says the car is not approved for public road use. The Rocket version, the one built to fly, is invite only.

The comment follows a week of Musk teasing the event, including his claim that the demo would be a banger, which we covered before the stream. Tesla reports third quarter earnings on October 21, and shareholders can submit and vote on questions through the Say portal until 4 p.m. EDT on October 20, according to our earnings Q&A preview. A question about autonomous Roadster stunts and the Texas track would be a quick way to get specifics from management.

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