BLUESTEIN v. SKINNER

Nos. 88-7503, 88-7508, 89-70024, 89-70111, 89-70138 and 89-70139.

908 F.2d 451 (1990)

Michael S. BLUESTEIN; Dean N. Chantiles; Orange County Airport Association, Petitioners, v. Samuel K. SKINNER, Secretary of Transportation, Department of Transportation, Federal Aviation Administration, Respondents. Richard S. LINN, Petitioner, v. Samuel K. SKINNER, Secretary of Transportation, Department of Transportation, Federal Aviation Administration, Respondents. Sheri ALBERT; Charles McCune, Petitioners, v. Samuel K. SKINNER, Secretary of Transportation, Department of Transportation, Federal Aviation Administration, Respondents. ASSOCIATION OF PROFESSIONAL FLIGHT ATTENDANTS, Petitioner, v. Samuel K. SKINNER, Secretary of Transportation, Department of Transportation, Federal Aviation Administration, Respondents. INDEPENDENT UNION OF FLIGHT ATTENDANTS, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. AIRLINE PILOTS ASSOCIATION, INTERNATIONAL, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1990.


Attorney(s) appearing for the Case

Walter Kamiat and Laurence Gold, Washington, D.C., for the Air Line Pilots Ass'n, Ass'n of Flight Attendants, Intern. Ass'n of Machinists and Aerospace Workers, Intern. Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Transp.-Communications Intern. Union.

Gary Green and Jerry Anker, Washington, D.C., for the Air Line Pilots Ass'n.

Stephen P. Berzon, Fred H. Altshuler, and Michael Rubin, Altshuler & Berzon, San Francisco, Cal., Scott D. Raphael, Newport Beach, Cal., for Michael S. Bluestein, Dean N. Chantilis, and Orange County Airport Ass'n.

Deborah Greenfield, Matthew Finucane, and Edward Gilmartin, Washington, D.C., for the Ass'n of Flight Attendants.

Allison Beck, Washington, D.C., for the Intern. Ass'n of Machinists and Aerospace Workers.

James T. Grady and Wilma B. Liebman, Washington, D.C., for the Intern. Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.

David Rosen and Arthur M. Luby, Washington, D.C., for the Transport Workers of America.

Larry Mann, Washington, D.C., for the Transp.-Communications Intern. Union.

Lee Seham, Seham, Klein & Zelman, New York City, Law Offices of Thornton C. Bunch, Jr., San Francisco, Cal., for Richard S. Linn.

Stewart Weinberg, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., David J. Aronofsky, Arent Fox, Kintner, Plotkin & Kahn, Washington, D.C., William Jolley, Jolley, Walsh, Hager & Gordon, Kansas City, Mo., for Sheri Albert, Charles McCune, Independent Federation of Flight Attendants.

Michael Gottesman, George Cohen, and Mady Gilson, Bredhoff & Kaiser, Washington, D.C., for the Ass'n of Professional Flight Attendants and Independent Union of Flight Attendants.

Diane Liff, Gen. Counsel's Office, Dept. of Transp., Robert V. Zener and Leonard Schaitman, Dept. of Justice, Civ. Div., Washington, D.C., Kenneth W. Starr, Sol. Gen., Washington, D.C., for respondents.

Before CHAMBERS, CANBY and NORRIS, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

This is a petition for review of Federal Aviation Administration (FAA) regulations requiring random drug testing of flight crew members, maintenance personnel, air traffic controllers, and several other categories of employees in the private commercial aviation industry. Petitioners argue that the regulations violate the Fourth Amendment and are arbitrary and capricious in violation of § 10(e) of the Administrative Procedure...

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