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MOSHEA v. NATIONAL TRANSP. SAFETY BD.

No. 08-1218.

570 F.3d 349 (2009)

Ryan J. MOSHEA, Petitioner v. NATIONAL TRANSPORTATION SAFETY BOARD and Federal Aviation Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2009.

Attorney(s) appearing for the Case

Joseph H. Thibodeau argued the cause and filed the briefs for petitioner.

Agnes M. Rodriguez, Attorney, Federal Aviation Administration, argued the cause and filed the brief for respondent.

Opinion concurring in all but Section II-A filed by Senior Circuit Judge RANDOLPH.

KAVANAUGH, Circuit Judge.

In 2005, the Federal Aviation Administration suspended Ryan Moshea's pilot certificate after the agency found that he had violated certain record-keeping safety regulations. Moshea appealed to the National Transportation Safety Board pursuant to the statutory process for Board review of FAA sanctions. In proceedings before the Board, he attempted to raise an affirmative defense based on his compliance with the voluntary disclosure program...

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