United States DC Circuit

In a petition for review of the FAA's revocation of petitioner's airman certificates on the ground that petitioner refused to take a mandatory drug test, the petition is granted where the FAA erred by relying on an "implicit credibility determination" by the Administrative Law Judge (ALJ), when in fact the ALJ made no such credibility determination.

Appellate Information

• Argued 01/22/2010
• Decided 02/26/2010
• Published 02/26/2010

Judges

• Before GINSBURG, BROWN, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kathleen A. Yodice argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• James F. Conneely, Attorney, Federal Aviation Administration, argued the cause and filed the brief for respondent. Susan Caron, Attorney, entered an appearance.