Case: Individual Employment Rights/Drug Testing (D.C. Cir.)

The United States Court of Appeals for the District of Columbia Circuit granted in part a pilot’s petition for review against the Federal Aviation Administration, holding that the FAA arbitrarily and capriciously departed from its own procedures by failing to independently review Amerijet International, Inc.'s determination that the pilot refused a mandatory drug test, as the FAA’s internal guidance plausibly requires such review, and this interpretation is necessary to avoid serious constitutional concerns under the private nondelegation doctrine.

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