Lauterbach v. Huerta

Petitioner, a pilot, seeks review of the final order of the NTSB that permanently revoked his certificates based on his criminal conviction, contending that the FAA’s earlier administrative action bars the FAA’s permanent revocation order by operation of various preclusion doctrines, double jeopardy, and due process. In this case, petitioner fraudulently sold helicopter rotor blades with maintenance records he had altered to hide the fact that another mechanic had deemed the blades to be unrepairable scrap. The court concluded that 49 U.S.C. 44726(b)(1)(A) plainly authorizes revocation of any airman certificate after a qualifying conviction, even if the FAA unsuccessfully pursued a prior subsection (B) administrative action based on the events underlying the conviction. The court further concluded that revocation of airman certificates in those circumstances is a civil, remedial measure aimed at protecting public safety that does not offend principles of preclusion, double jeopardy, or due process. Accordingly, the court denied the petition for review. View "Lauterbach v. Huerta" on Justia Law