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REGENCY AIR, LLC v. DICKSON

No. 20-72084.

3 F.4th 1157 (2021)

REGENCY AIR, LLC, Petitioner, v. Stephen M. DICKSON, Administrator of the FAA; Federal Aviation Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2021.

Attorney(s) appearing for the Case

William J. Ingalsbe (argued), Monteleone & McCrory LLP, Los Angeles, California, for Petitioner.

Brett D. Weingold (argued), Office of the Chief Counsel, Federal Aviation Administration, Washington, D.C., for Respondents.

Before: Ryan D. Nelson and Kenneth K. Lee, Circuit Judges, and Sidney H. Stein, District Judge.

OPINION

The Federal Aviation Administration ("FAA") requires air carriers to test each employee for drug and alcohol misuse if performing a safety-sensitive function like plane maintenance. 14 C.F.R. §§ 120.35, 120.39, 120.105(e), 120.215(a)(5). An ALJ found...

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