Gabbard v. Federal Aviation Administration

OPINION

SUTTON, Circuit Judge.

The Federal Aviation Administration (FAA) revoked Charles Gabbard’s airman and medical certificates after he failed a drug test and after the FAA concluded that he piloted a chartered jet with a prohibited drug in his system. Because Gabbard has not shown that the agency’s decision was arbitrary, capricious or otherwise not in accordance with the law, we deny his petition.

I

On February 16, 2007, at 1:05 p.m., Gab-bard, a commercial pilot, submitted to a random drug test under his employer’s FAA-mandated drug-testing policy. On February 17, at 1:10 p.m., he flew a…