Friedman v. FAA
United States Court of Appeals for the District of Columbia Circuit
841 F.3d 537 (2016)
Eric Friedman (plaintiff), a commercial pilot diagnosed with a form of diabetes that generally disqualifies applicants from a first-class medical certificate, applied for a special medical authorization from the FAA (defendant), which requested glucose-monitoring records and said it would deny his application without them. Friedman responded that such monitoring wasn't medically necessary for his condition, supported by physician letters, but the FAA replied it would not proceed with his application until receiving the records, while also stating the application remained "under consideration" and reissuing him the lesser third-class certificate he already held. Friedman sued, alleging the FAA's handling of his application was arbitrary and capricious.
Whether an agency's refusal to reach a final decision on an application, while simultaneously refusing to deny it outright, constitutes a final agency action subject to judicial review.