Friedman v. Federal Aviation Administration

Summary

The D.C. Circuit held that the FAA's conduct constructively denied Eric Friedman's application for a first-class medical certificate, making the matter final agency action subject to judicial review. Friedman, an insulin-treated diabetic commercial pilot, challenged the FAA's demand for at least 90 days of continuous glucose-monitoring data. The court remanded the matter to the FAA to provide reasons for its denial because the agency had not supplied a sufficient explanation or administrative record.

Holdings

1. The FAA's conduct constituted a constructive denial and final agency action because the Agency had effectively made up its mind to require continuous glucose monitoring data, set and allowed denial deadlines to pass, and refused either to issue a definitive denial or to proceed without the data.
2. The FAA's regulations provide a judicially manageable standard for reviewing the special-issuance decision because they require consideration of whether the applicant can perform the duties authorized by the requested certificate without endangering public safety and require consideration of safety risks to persons and property.
3. The FAA failed to provide a reasoned explanation or an adequate administrative record supporting its demand for continuous glucose monitoring data and its denial or constructive denial of Friedman's application.

Questions Presented

1. Whether the FAA's repeated requests for continuous glucose monitoring data, deadlines threatening denial, and refusal to issue a definitive decision constituted final agency action subject to judicial review.
2. Whether the FAA's special-issuance regulations supplied a judicially manageable standard for review of its decision concerning Friedman's first-class medical certificate.
3. Whether the FAA provided a reasoned explanation and an adequate administrative record supporting its demand for continuous glucose monitoring data and denial or constructive denial of Friedman's application.

Disposition

remanded