Attorney(s) appearing for the Case
Joshua D. Burns , argued the cause for petitioner. On the briefs was D. Michael McBride III .
Casey E. Gardner , Attorney, Federal Aviation Administration, argued the cause and filed the brief for respondent.
Before: Henderson, Tatel and Wilkins, Circuit Judges.
Karen LeCraft Henderson, Circuit Judge:
When Charles Erwin, a commercial airline pilot with a diagnosed alcohol dependence, tested positive for alcohol, the Federal Aviation Administration (FAA) withdrew his medical certification required for flight. Erwin, whose test came less than a day after consuming food prepared
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