United States DC Circuit

In a petition for review of the Department of Transportation's (DOT) requirement that employees be directly observed while providing urine samples for drug tests, the petition is denied, where DOT offered extensive evidence of products designed to defeat drug tests that necessitated this procedure.

Appellate Information

• Argued 03/26/2009
• Decided 05/15/2009
• Published 05/15/2009

Judges

• Before:  HENDERSON, TATEL, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Donald J. Munro, argued the cause, for petitioners.   With him on the briefs were William F. Sheehan, Jeffrey A. Bartos, Harold A. Ross, Mitchell M. Kraus, Clinton J. Miller, III, Daniel R. Elliott, III, William A. Bon, Michael S. Wolly, Roland P. Wilder, Jr., Lawrence Mann, Larry I. Willis, Bradley T. Raymond, James McCall, James W. Johnson, and Suzanne L. Kalfus., Louis P. Warchot and Michael J. Rush were on the brief, for amicus curiae Association of American Railroads in support of petitioners.


• For Appellees:
  
• Mark W. Pennak, Attorney, U.S. Department of Justice, argued the cause, for respondent.   With him on the brief were Gregory G. Katsas, Assistant Attorney General, and Leonard Schaitman, Attorney.  Lowell V. Sturgill, Jr., Attorney, entered an appearance.