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CORNISH v. FEDERAL AVIATION ADMIN.

No. 04-2698.

429 F.3d 806 (2005)

Barry M. CORNISH, Petitioner, v. FEDERAL AVIATION ADMINISTRATION; National Transportation Safety Board, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: November 28, 2005.

Attorney(s) appearing for the Case

Daniel J. Baylard, argued, Kansas City, MO (Eugene J. Feldhausen, on the brief), for petitioner.

Autumn Killikgham, argued, FAA, Washington, D.C., for respondent.

Before LOKEN, Chief Judge, FAGG and BYE, Circuit Judges.

LOKEN, Chief Judge.

The Administrator of the Federal Aviation Administration (FAA) revoked Barry Cornish's aircraft mechanic certificate because he submitted an adulterated urine sample, an action the FAA treats as refusing to comply with its mandatory drug testing requirements for licensees who perform "safety-sensitive" functions. See 49 U.S.C. §§ 44709(b)(1)(A), 45102(a); 14 C.F.R. §§ 65.23(b)(2), 121.457, pt. 121, app. I, §§...

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